So, Argyll and Bute Council have taken the …

Comment posted Spygate: James Robb asks for clarifications of the CEO’s statement by Hamish Beaton.

So, Argyll and Bute Council have taken the predictable step of calling in an Independent Examiner to establish the facts and arrive at conclusions regarding the alleged breach and eventually to “do the right thing” – by producing a list of changes.
With regard to A&BC’s desire to “do the right thing”, this may form a major component of
A&BC’s culture and of the reputation it projects to its public. The value of “doing the right thing” derives from the fact that it has a powerful influence on the confidence, trust and loyalty people, both within and external, feel. To gauge that value, consider the contribution “doing the right thing” makes to A&BC’s success, the effectiveness of its operations and its ability to implement strategic change successfully when needed. With regard to compliance, The Data Protection Agency (the ICO in the UK) has a duty to ensure that the public’s interests are protected by all organisations holding personal information within their jurisdictions. Compliance commonly requires a wide range of controls to ensure not only that data is secure from theft or loss but that it is gathered only under suitable conditions and used only under suitable restrictions. The value of personal information here arises from the possibility that a breach of legislation could lead to censure, reputational damage, fines, restrictions, and in the future even jail terms for senior executive personnel.
Will the Executive’s current actions carry the day – Not a chance. Why? Essentially, calling in an Independent Examiner without terms of reference points to a serious breach of the Data Protection Act. This breach needs reporting and it is for the Information Commissioners Office (ICO) to examine and decide the level of breach and consequences. All Data Controllers have a responsibility under the Data Protection Act 1998 to ensure appropriate and proportionate security of the personal data they hold. (DPA 1998 7th Principle). The fact that an employee has been suspended for allegedly covertly collecting and perhaps using information on data subjects (potentially all of us) surely requires reporting to the Information Commissioners Office on the grounds of an alleged serious breach. Serious breaches are undefined but may cause potential harm to the data subjects as follows: *exposure to identity theft through the release of non-public identifiers e.g. passport number; information about the private aspects of a person’s life becoming known to others e.g. financial, medical and relational circumstances. The extent of harm, which can include distress, is dependant on both the volume of personal data involved and the sensitivity of that data. Where there is significant actual or potential harm as a result of the breach, whether because of the volume of data, its sensitivity or a combination of the two, there should be a presumption to report.
[*Notification of Data Security Breaches to the Information Commissioner’s Office v 4 8-7-2010
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/breach_reporting.pdf ]
The fact that A&BC Executive have chosen at this time not to notify the Information Commissioners Office or that in this case they have not followed the ICO’s directive that “there should be a presumption to report” gives the lie that they do not understand the relationship of executive power with respect to the Data Protection Act, which is a worry in itself, and are deluded as to the long time reputational damage they are inflicting on the organisation as a whole. At some point in time the penny will drop that the ICO needs informing – A&BC Executive, the Elected Council and the Executive’s Independent Examiner live in interesting times – not a tad too dissimilar to News Of The World Executive I would have thought?

Recent comments by Hamish Beaton

  • Community raffle concerns over councillor’s reporting of Tarbert raffle to police
    Netiquette on the internet is as important as anywhere else, including work. Allowing the standards of politeness to slip simply because the medium used emboldens people who would usually not be so forthright in a face-to-face context is not acceptable.
    The language used is clearly abusive and/or derogatory. (A posting filled with foul language, or a suggestion as such, this is likely to be a breach of workplace policy, and it’s highly unprofessional. It can also be the cause for legal action depending on what is said, especially if it threatens, harasses, or slurs.)
    I am not against robust comment – and will “fight my corner” -but frankly if this “mail” was sent to me by post or at my place of work, I would have no other recourse than copy it to Security for their consideration. The fact that it has appeared at all suggests that ForArgyll perhaps condones or is prepared to accept abuse which would be totally out of place at home or in the work place – goodbye
  • Community raffle concerns over councillor’s reporting of Tarbert raffle to police
    ““Where do community events – and we’re talking little weekly get togethers here, not just annual galas, go from here with their raffles?”
    Continue as they have done for years!”
    Yes, the Law makes provision for the above. The daft thing is that a lottery licence for a public Charity Raffle for selling to the general public is free to anyone that applies. The conditions of granting a Charity Raffle licence, are to makes sure that everything is “above board” and not a scam. According to the Scottish Sun, the person selling the unlicensed lottery at the Co-op knew what they were about and allegedly chose not to seek a licence. That’s OK for that person but it creates all sort of legal problems for the shop who are now complicit in breaking the law and for the receiving charity, who, unwittingly in receipt of moneys are in breach too and maybe liable to investigation by the Charity Commission. Far from me to suggest that this person was doing anything deceitful, but their alleged disregard for the law has brought heartache, tears and opened Pandora’s box, all for the want of 10 minutes simple paperwork, which would have legitimised and enhanced their work.
  • Community raffle concerns over councillor’s reporting of Tarbert raffle to police
    Yo no responden normalmente a las agresiones abusivas. Pero, ¿sería usted terminar más si me escribió en su blog acerca de caca de perro en español?
  • Community raffle concerns over councillor’s reporting of Tarbert raffle to police
    suggest you buy a shovel and bucket from next door to the Co-Op
  • Community raffle concerns over councillor’s reporting of Tarbert raffle to police
    ?

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9 Responses to So, Argyll and Bute Council have taken the …

  1. The statement by the Council’s CEO that the investigation is being carried out in private properly reflects a correct approach in fair disciplinary proceedings. However, within the context of reasonable public interest in this situation, and openness and transparency by the Council, she could have set out the terms of reference of the inquiry and did not do this within her statement. It seems appropriate to ask at the terms of reference should be made available to evidence that all matters of public concern will be considered.

    Like or Dislike: Thumb up 0 Thumb down 0

  2. I hope Sally Loudon falls from a great height. As it is plain the executive department must have had shared knowledge of this malpractice, if not crime. I totally disagree with Andrew Reid’s about terms of reference. Council Tax Payers want the plain facts,not a rigged terms of reference. Truth is abused by her department.So lets stick to the facts. The Executive need to be accountable for this misdemeanor/malpractice if not a crime.The sooner she falls off her broomstick with her fat bonus,pension and golden handshake the better and good riddance to the witch.

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  3. The whole executive department should be turfed out and replaced with council officers that will carry out their duties honestly
    . Here is my last letter to Sally Loudon. I am willing to debate with her the dereliction of duty to disabled people by her and her cronies. My shell of a body has more life in it than her whole team. Dead lice move faster than her.
    ……………………………………………………………………………………………………………. I am 70 years old, and I suffer from spinal injuries, heart disease,(2 valves are beyond repair) and I am also an ex mental health patient. I have sought local authority support when I was awarded the middle rate of disability allowance.
    I have worked tirelessly for the Community Care act to be implemented. I have chaired a meeting in Glasgow with Lord Tom Clarke, the then Minister in charge of the act. It was a privilege to have a discussion in Edinburgh with lord Alf Lomas, organised by SAMH. I was an executive member and a member of the executive of GAMH. Lord Lomas got into statute the ( Chronically and Sick and Disabled Act (1970)(1972 Scotland). I have also chaired a meeting With Ann Begg MP at a fringe meeting. The most appreciated help I got was from George Galloway MP of kelvin at the time and from Journalist, Dorothy Grace Elder SNP (MSP) to both of them, I am deeply indebted
    All campaigners resent being labeled ” Disabled” we are abled people with impairments” We also respect the dual responsibility of the local authority in ensuring clients needs are provided for. And budget properly tax-payers money in that process.
    We cannot allow this duality to be hostage of the black arts of “Machiavellian Deceit” of carrots and sticks practiced by council officers Sally Loudon, Douglas Hendry and Jim Robb.
    CEO, Sally Loudon foolishly boasts she has made savings of 15% which is the criteria of central government but what she has omitted in that equation the fact to acheive she is charging in my case and all others 75% of their disposable income. The Westminster Princes and Princesses get their carrot blood money and she using the stick to cudgel the most marginalised section in Argyll 75%. 5 times her amount.
    You could not make it up. She is a disgrace
    Al Capone only took 10% and the pimps in Glasgow’s red light area, Cadogan St, take 50% of the working girls monies. These dregs of humanity are called “stickmen”. Sally Loudon “the argyll stickwoman” has an ironic twist to it .
    All this could have been avoided if Jim Robb had carried out the statutory requirements to engage and consult with all. He choose to ignore groups that were run and and controled by disabled people and opted to only consult with the voluntary sector care groups and deny the views of the Disability Movement. He has made no effort to assist the set up of a regional group run and controled by disabled people themselves.
    I challenge Sally Loudon and her cronies to a public debate on the mean testing and Disability Rights in the Corran Halls Oban whenever she surfaces. By Larry Nugent

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  4. The whole running of the executive department should be investigated. Sally Loudon has been asked by me, to put me before a committee that includes elected councillors as I have no respect or trust in her officers. her ineptness is breathtaking. And if any elected member feel they can kick my complaint into the long grass, they are mistaken as “I don’t do walking away”
    The letter below shows the insensitivity of messrs Loudon and Robb. I have hardly a breath in my body and consultants and the Lorn Medical Centre say I have five years to live that was 4 years ago this August.
    Jim Robb like the last time will make the venue in Lochgilphead. I cannot do the 39 miles and back in a schoolbus with screaming wains like the last time. Here is my reply to him This poor excuse of a council officer has not got the decency to reply himself.
    ……………………………………
    And Good Marning Yourself,Mary-Theresa Bulloch,
    I have clearly rejected any meeting with that poor excuse of a director for adult care called Mr Robb. It is infantile of him of going through the motions of only being seen and not acting. No, once was enough. He has cast the die so he will sit on his hands and laugh at me. Me thinks Sally Loudon has not got a clue about good practices or she would insist that the director and his management team got disability awareness training.
    Right enough if I was into masochism he would be ideal for me to have a brain meltdown. if I had a complaint against fishmonger’s prices, I certainly would not solicit the view of another fishmonger.
    I have continually requested that my complaint be dealt at committee level that includes councillors. I feel confident that what I put forward will not only be listened but acted on. Mr Robb has plastic ears and full of inabilities, and insensitive to the needs of all vulnerable people.
    When I get a positive response to that request, I will be able to advance my complaint.
    Larry Nugent council tax payer denied best value and good practice

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  5. So, Argyll and Bute Council have taken the predictable step of calling in an Independent Examiner to establish the facts and arrive at conclusions regarding the alleged breach and eventually to “do the right thing” – by producing a list of changes.
    With regard to A&BC’s desire to “do the right thing”, this may form a major component of
    A&BC’s culture and of the reputation it projects to its public. The value of “doing the right thing” derives from the fact that it has a powerful influence on the confidence, trust and loyalty people, both within and external, feel. To gauge that value, consider the contribution “doing the right thing” makes to A&BC’s success, the effectiveness of its operations and its ability to implement strategic change successfully when needed. With regard to compliance, The Data Protection Agency (the ICO in the UK) has a duty to ensure that the public’s interests are protected by all organisations holding personal information within their jurisdictions. Compliance commonly requires a wide range of controls to ensure not only that data is secure from theft or loss but that it is gathered only under suitable conditions and used only under suitable restrictions. The value of personal information here arises from the possibility that a breach of legislation could lead to censure, reputational damage, fines, restrictions, and in the future even jail terms for senior executive personnel.
    Will the Executive’s current actions carry the day – Not a chance. Why? Essentially, calling in an Independent Examiner without terms of reference points to a serious breach of the Data Protection Act. This breach needs reporting and it is for the Information Commissioners Office (ICO) to examine and decide the level of breach and consequences. All Data Controllers have a responsibility under the Data Protection Act 1998 to ensure appropriate and proportionate security of the personal data they hold. (DPA 1998 7th Principle). The fact that an employee has been suspended for allegedly covertly collecting and perhaps using information on data subjects (potentially all of us) surely requires reporting to the Information Commissioners Office on the grounds of an alleged serious breach. Serious breaches are undefined but may cause potential harm to the data subjects as follows: *exposure to identity theft through the release of non-public identifiers e.g. passport number; information about the private aspects of a person’s life becoming known to others e.g. financial, medical and relational circumstances. The extent of harm, which can include distress, is dependant on both the volume of personal data involved and the sensitivity of that data. Where there is significant actual or potential harm as a result of the breach, whether because of the volume of data, its sensitivity or a combination of the two, there should be a presumption to report.
    [*Notification of Data Security Breaches to the Information Commissioner’s Office v 4 8-7-2010
    http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/breach_reporting.pdf ]
    The fact that A&BC Executive have chosen at this time not to notify the Information Commissioners Office or that in this case they have not followed the ICO’s directive that “there should be a presumption to report” gives the lie that they do not understand the relationship of executive power with respect to the Data Protection Act, which is a worry in itself, and are deluded as to the long time reputational damage they are inflicting on the organisation as a whole. At some point in time the penny will drop that the ICO needs informing – A&BC Executive, the Elected Council and the Executive’s Independent Examiner live in interesting times – not a tad too dissimilar to News Of The World Executive I would have thought?

    Like or Dislike: Thumb up 0 Thumb down 0

    • “Presumption to report” — yup. ABC **must** report this to the ICO. The word “sensitivity” could be the trigger.

      Like or Dislike: Thumb up 0 Thumb down 0

  6. Democratic Centralism (All power to the Executive Department) has failed in Eastern Europe, but thrives in north Korea,The Vatican, and now apparently the A&BC. The unethical, and unaccountable “Nadezhda Sally” the rusty iron wumman is building a wall of resistance to transparency and being open to engagement. Her authoritarian ego must be crushed or Stalinism will prevail.

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  7. I have posted enough on this thread and I thank the moderators for their forbearance. In my moving on I pass on the Sally Loudon Clan’s motto,Non dormit qui custodit- “The sentinal sleeps not”
    Have a good laugh and a nice day.

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