HMRC Published Confidential Details On Web Without Permission

Oh dear it seems that private details of a number of childminders, including home addresses, have been published in error on HMRC’s Childcare Service website.

The details, which have since been removed from the website (which providers and parents must access for Tax-Free Childcare and the 30 hours) appeared on its 'Search for a Childcare Provider' page, despite the fact childminders had not given their permission for the data to be published.

HMRC removed the facility from their website to correct the error, following complaints from affected childminders.

A spokesperson for HMRC is quoted by NurseryWorld:

"We have temporarily closed the childcare provider checker, as there was an issue with the system. Our suppliers – NS&I and Atos – are working to rectify this and will re-open the childcare provider checker once it is working as it should. Parents and providers can continue to apply through the service."

Neil Leitch, chief executive of the Pre-School Learning Alliance, was unimpressed:

"It is completely unacceptable that confidential childminder data, including details of home addresses, was published on the Childcare Service website, and those affected are absolutely right to be angry at this breach of privacy.

While we recognise that HMRC is now working to resolve this issue, it never should have happened in the first place, and it certainly shouldn’t have taken so long for HMRC to finally acknowledge that something had gone seriously wrong.

With Tax-Free Childcare already in effect, and just two months until the roll-out of the 30-hour offer, we are still receiving regular reports of problems with the Childcare Service website from both parents and providers. This simply isn’t good enough. Government needs to get a grip on this policy and fast, and so we hope HMRC will be looking to review and address these ongoing issues as a matter of priority."

I thought HMRC always claimed that it zealously protected taxpayers' privacy??

Tax does have to be taxing.

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Hartnett Broke The Prime Directive

As loyal readers are aware Hartnett has hit the headlines again, the Supreme Court has ruled unanimously that HMRC unlawfully disclosed confidential information to journalists about financial advisors Ingenious Media, known for promoting film investment schemes.

Hartnett gave journalists from The Times an "off the record" briefing in 2012.

Economia reports that during the course of the briefing, agreed to be “off the record”, the journalists instigated a conversation with Hartnett about Ingenious, its CEO Patrick McKenna about a film investment scheme. Some of the information was used in a later Times story.

A 2013 High Court judgment struck out Ingenious' breach of confidentiality claim against HMRC on the basis that the briefing was off the record. Ingenious also lost an appeal in 2015.

The highest court in the land, however, ruled that HMRC had breached its duty of confidentiality.

Lord Toulson, the Supreme Court justice, said in his ruling, “The information supplied by Mr Hartnett to the journalists about Mr McKenna and Ingenious Media was confidential in nature, in respect of which HMRC owed a duty of confidentiality.”

“The fact that Mr Hartnett did not anticipate his comments being reported is not a justification for making them. The desire to foster good relations with the media and to publicise HMRC’s view about tax avoidance schemes and speculation that the journalists may have subsequently informed Mr Hartnett about other tax avoidance schemes do not provide sufficient justification for the disclosures either.”

Ingenious has been awarded costs and is now considering whether to seek compensation.

As some of you have also observed, this breach of taxpayer confidentiality strikes at the very core of HMRC's "prime directive" of confidentiality.

As per Lord Toulson:

“The whole idea of HMRC officials supplying confidential information about individuals to the media on a non-attributable basis is, or should be, a matter of serious concern.”

Will Hartnett and those others responsible be prosecuted for this?


Tax does have to be taxing.

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Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

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However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

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The Confidentiality of Tax Data In Google's Servers

A loyal reader suggested yesterday, given HMRC's use of Google's apps and offshore data centres, that people have a look at the Google for Work Security and Compliance Whitepaper.

I have had a wee looksey, and a few things spring to my mind:

1 I note that "if customers delete their data, we commit to deleting it from our systems within 180 days". That means "deleted" tax data may sit within Google's servers for up to 180 days after "deletion".

2 Whilst Google claims not to scan data for placing adverts, "Google indexes customer data to provide beneficial services". To my simple mind, that sounds a bit like scanning data to me.

3 Regarding confidentiality, it seems that Google staff can see HMRC data; "only a small group of Google employees have access to customer data."

4 Tax data appears to be open to access via government requests (with or without HMRC's, or indeed HMG's, permission), "Google may receive direct requests from governments and courts around the world about how a person has used the company’s services".

5 Google may also engage third party suppliers.

It doesn't seem so confidential to me. However, these are just my thoughts, please feel free to add your own.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"