This week’s data security headline takes an unusual twist. How often is it that action to control the leak of sensitive, confidential information meets with public outrage? The arrest of Conservative MP and Shadow Immigration Spokesman Damian Green acheived just this.
It has been known, from time to time, for leaked government information to find it’s way into the hands of opposition representatives, somthing that happens every day all around the world. Successive Biritsh Governments have, like most, inevitably found this rather annoying - particularly when they are somewhat embattled and trying to stay in control. The usual reaction has been a ‘leak enquiry’ - a time consuling investigation that almost inevitably leads knowhere.
Anxious to actually get to the bottom of recent leaks, the Home Office handed the investigation over the police, who subsequently arrested an unknown civil servant in the Home Office (having notified the Minister) and then the Opposition Spokesman, (having seemingly not bothered to mention this to the Minister at all).
This has rattled a few feathers not just in Westminster (show me a politician who has never received leaked information, and RiskMonkey will show you a cadaver), but also in fleet street, as government leaks are day-to-day business for the press.
The event seems to have touched a public nerve. It seems there is perhaps an understanding that leaking confidential information might actually be a good thing.
When, of course, it is in the public interest. Freedom of Information Act gurus might be less suprised than the average Information Security professional, who would no doubt be horrified to be pillioried by his company for stopping a leak by similar means (for example, marching the culpit off the premises right away). The Freedom of Information Act has a critical clause, which means that no matter how valid or how strong the case against releasing information, if it’s felt to be in the public interest it can be released.
So why is the FOI not enough? Because to use it you first you have to know what question to ask. That, the public and press understand, is something politicians can only guess at, and only insiders can know.
Should the leaky civil servant lose their job if caught? Absolutely. Leaking information is not their job, nor is their job to determine when it’s in the public interest to ignore the rules. Should they still have leaked? Quite possibly, if concience dictates, and they are willing to pay the price. Should we arrest the recipient of the information? Absolutely not. If we do, democracy will no longer work. Does that mean a police state? No - but it does put the police in the position of weakning their own mandate, as is is only as a result of effective democracy that that mandate holds.
