Tag Archives: Paul Malone

When you hand over private info, you are not informed of a caveat on confidentiality

5 Mar

ui-desktop-crest

 

Last time you were required to divulge private information to a government agency, did you do so in the belief that the agency would keep your information confidential?

Because if you did, that’s likely the last time you’ll have the luxury of holding that belief.

Nobody who has compulsorily given private data to Centrelink has ever been informed that there is a caveat on confidentiality.

Nobody who has ever compulsorily given private data to any government agency in the belief that it is confidential, has ever been warned that if they speak publicly about that agency, they have forfeited their right to confidentiality. 

Canberra Times hack Paul Malone has today written a column headlined “Time for the truth behind Centrelink controversy and Andie Fox.” The piece is a particularly inept and resentful defence of his use of a citizen’s private data, given to him by DHS Minister Alan Tudge, to put Centrelink’s “side of the story” of a dispute between that user & the service provider.

The core of his defence is that the user spoke publicly about her own circumstances, ergo Centrelink has the right to respond by revealing her circumstances as they know them, to the media.

Malone justifies his tawdry piece thus:

It should be noted here that Andie Fox chose to publish her personal details in her original 1200 word article 

In fact Ms Fox revealed her personal relationship status in the article she wrote and submitted for publication.

In the privacy agreement between Centrelink and Ms Fox, Centrelink undertook to protect the private data Ms Fox was compelled to reveal. Ms Fox at no time agreed, or was asked to agree, to refrain from criticising or otherwise speaking publicly about the agency. Neither was she informed that should she criticise the agency, it would abrogate its undertaking to keep her data private.

These details apparently entirely escape the moral and ethical capacities of Paul Malone, The Canberra Times editors, and Alan Tudge.

I asked some public servants how they feel about this turn of events. Obviously, I’m not going to name them.

Our jobs rely on the public having faith in our confidential handling of their often sensitive information. Why would they be honest with us if they don’t have confidence that we will keep that safe and secure?

A public breach of security or privacy is likely to jeopardise [compliance], causing fear and suspicion, and pushing more people into the non-compliant basket.

It also feels like the integrity of the entire PS has been tarnished [by Tudge’s actions against Fox].

We are constantly bombarded with reminders about privacy and dire warnings about the consequences of breaches, and the head of an agency goes and does this.

I had to sign a declaration before I was given access. Very serious shit to divulge private information.

I’m absolutely horrified at the actual release of the information, the vindictive purpose of the release and also for the Canberra Times publishing it, rather than acknowledging they’d received  information that contradicted other claims.

The relationship between a government agency and a citizen is unique. As I’ve noted before, we are compelled to reveal intensely private information to certain agencies. We do this because we are compelled, and we must trust their staff have been trained in the moral, ethical and legal requirements to respect our privacy.

Minister Alan Tudge’s disgraceful betrayal of that trust damages all APP agencies, and all their staff. It irreparably damages those agencies’ relationships with the public. The Canberra Times, in publishing Malone’s sordid pieces, is colluding with an unprecedented destruction of trust between public servants, politicians and the public.

There is nothing in this hideous saga for the LNP government and The Canberra Times to be proud of, and there is absolutely no defence Paul Malone can invent that justifies the damage he has done to Ms Fox, and in a broader sense, to our society, the fabric of which is held together by the civilising influence of mutual trust.

 

 

 

 

 

Just because a govt agency says it wrote you a letter doesn’t mean it did.

3 Mar
Department of Complaints Against the State.

Department of Complaints Against the State.

 

One of Human Services Minister Alan Tudge ‘s justifications for his aggressive media pursuit of writer, blogger and single mother Andie Fox, is that Centrelink made numerous attempts to get in touch with her by phone and letter, and many of these attempts were unanswered.

I have no idea of the validity of these details, however I do know that government agencies are not always accurate in their accounts of interactions with citizens. Despite this fact, the agencies present “their side of the story” as if it is indisputable fact, simply because they say so.

I know this because last year I had some bizarre difficulties with Medicare. I submitted a claim for specialist services, the same claim submitted regularly for the previous eighteen months. The item number is not claimable on the website and as I didn’t have the app on my phone, I’d been submitting via snail mail. There was one occasion on which Medicare said my claim had not arrived, which was resolved after I resubmitted. This was attributed by Medicare to the tardiness of Australia Post.

A few months later I received notice in the mail from Medicare that I had not properly filled out my claim, and they needed further details. I found this very odd, as the claim was exactly the same as the previous eighteen. I rang Medicare.

I was told my claim hadn’t been received. If my claim wasn’t received, how come I’ve just got a letter asking me for more details about it? I inquired. The staff member was excessively rude, aggressive and unhelpful, so I asked to speak to a supervisor. She demanded why I wanted to speak to her supervisor, then shouted that there was no need for me to do that and terminated the call.

When I next managed to contact a staff member I was more fortunate. The staff member was extremely helpful, and we discovered that there was no record of the previous day’s aggressive phone call. We also discovered that the letter I’d received requesting further information had a reference number which did not coincide with that of any Medicare employee.

As well, the staff member informed me that my claim forms, photocopied and returned to me with the demand for more details, had been incorrectly handled: they should have not been returned to me at all, and certainly not as photocopies.

Where are my original claim forms, I asked? We have no idea, I was apologetically told. My claim forms have been photocopied and the originals lost? Breach of my privacy? I suggested.

Who has accessed my claims for specialist services and who knows my history and who is able to access the Medicare system with a false reference number? I asked.

I have never received any answers to these questions. I did speak to another staff member who also could not connect the reference number on my letter with anyone working in the system. I have no idea who in Medicare photocopied my original claim forms, or why, or what happened to them.

I did eventually receive reimbursement and I haven’t had any trouble since.

This is one small example of what can go wrong in government agencies, and that because the Minister says something has been properly executed does not necessarily mean it is so.

It’s also an example of how vulnerable users of these agencies are, and how little control we have over the information we submit. Medicare claim forms reveal a lot about us we might not necessarily want anyone else to know. This is our right.

If a minister can release private data marked “for official use only” to the media, we can have no trust in these agencies. We are in an invidious position: we have no choice but to submit private information. We have now seen how our private data can be used to hold us hostage by agencies and ministers, who might decided to “correct the record” with it if we publicly complain.

I didn’t write about my Medicare experience at the time because I felt concerned that there might be some retaliation, particularly in view of the bizarre circumstances and the misappropriation of my claims by an unknown person. This is how governments silence citizens, and this is why the Fox case is so important.

We now know that Tudge has his staff monitor social media for complaints against DHS.

Well, Minister Tudge, monitor this. Or better still, find out what happened to my private medical data.

 

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