Ms Jil Mateson, C.E.O.
Office for National Statistics
Notice of Conditional Acceptance and Request for Clarification
Dear Ms Matheson,
I write in response to the Census Form.
I must admit to being a little confused, it was my understanding that the census was instigated as a simple numerical count of the population; however, the information required in this census form far exceeds this mandate.
I am happy to complete this census form subject to receipt of clarification of the following points.
- What law requires me to complete the census?
- From where does the Office for National Statistics derive the lawful authority to demand private information?
- Is there a limit to invasion of privacy?
- Is the Office for National Statistics lawfully authorised to demand Private property?
- How can we be penalised for failure to provide information?
- Are there any circumstances whereby security agencies may access census information?
- Since census data be requested by law enforcement, can I not answer so as to not to incriminate myself?
- Since every government database has been hacked, leaked, lost or compromised in some fashion, how can the Office for National Statistics claim data security with any confidence?
- Is the Office for National Statistics responsible for mishandled data?
10. What evidence do you have that I am a United Kingdom Resident?
11. Can you confirm or deny that the census data will be handled by an American Arms Manufacturer Lockheed Martin?
12. Can you confirm or deny that all U.S. companies are subject to the Patriot Act which allows the U.S. Government full access to any data in that company’s possession?
13. In a Press Briefing dated 14 January 2011 it is stated that “additional contractual and operation safeguards” have been put in place to address concerns about the possibility of the US Patriot Act being used by US intelligence services to gain access to data – please list these contractual and operational safeguards.
14. In a Press Briefing dated 14 January 2011 it is stated that only UK/EU owned companies will have access to personal census data – please confirm or deny that there may be UK/EU companies that are subsidiaries of US corporations that may circumnavigate the assurances provided by the Office for National Statistics and the contract between Lockheed Martin UK and so allow access to personal census data under the US Patriot Act.
15. In a Press Briefing dated 14 January 2011 it is stated that independent checks by an “accredited UK security consultancy” of both physical and electronic security are carried out for ONS – please provide;
a) the name of the accredited UK security consultancy;
b) provide references that confirm their accreditation as well as;
c) details of the body with whom they are accredited.
16. In a Press Briefing dated 14 January 2011 it is stated that 1,500 jobs have been “created” by the award of the contract to Lockheed Martin UK. Please provide details of;
a) how many of these jobs will exist on completion of the contract;
b) what percentage of these jobs have been given to the long-term unemployed;
c) what percentage of these jobs have been given to disabled people and,
d) what percentage of these jobs are given to other than UK citizens and,
e) what checks were made to ensure that they have the right to work in the UK (e.g. a Passport, a Visa or work permit for non-nationals).
17. In a Press Briefing dated 14 January 2011 it is stated that 1,500 jobs have been “created” by the award of the contract to Lockheed Martin UK. Provide details of;
a) the training that has been provided to these 1,500 new employees to ensure that security measures are understood and met;
b) the rights that employees have to request time off for study or training, i.e. ‘time to train’;
18. In a Press Briefing dated 14 January 2011 it is stated “the contract has created around 1,500 jobs in the UK”. Provide details of:
a) what background checks have been carried out to ensure compliance with rules governing “security related jobs”;
b) details of the equal opportunities policies pertaining to the pre-employment checks as required by Employment law;
c) details of the rights and benefits of those being employed for the duration of the contract; and
d) the details of any severance package applicable to those staff who will lose their job at the end of the contract;
e) the rights offered to staff under the “flexible working rule”;
f) if flexible working includes the provision to “work from home”, what additional safeguards are in place to ensure the integrity and security of the personal census data under such circumstances;
g) the benefits offered to staff for maternity and paternity leave during the course of the contract;
h) confirmation or denial that the ONS conform to the “working time limit” requirements under Employment Law;
i) confirm under what conditions a contract of employment may be changed;
- agreement between the ONS and the employee,
- collective agreement, or
- by implication.
19. In a Press Briefing dated 14 January 2011 it is stated that the contract was awarded by ONS to Lockheed Martin UK as it “offered the best value for money” in an “open procurement scheme” carried out “under European Law”. Please provide,
a) details of how Lockheed Martin UK offered the best value for money by providing a table of the results of the tendering process;
b) details of the open procurement scheme used and,
c) the European Law under which the procurement scheme was carried out.
20. In a Press Briefing dated 14 January 2011 it is stated that a “number of specialist companies” are being used by ONS to “provide specific services for the census”. Please provide;
a) details of the specialist companies being used and
b) the specific services being offered by those companies.
21. In a Press Briefing dated 14 January 2011 it is stated “the contract has created around 1,500 jobs in the UK”. Please provide the following;
a) which agency was used for the criminal records checks (CRB) on each of these staff;
b) the net cost per CRB check per head;
c) provide the registration number that the ONS has with the Criminal Records Bureau.
22. In a Press Briefing dated 14 January 2011 it is stated “the contract has created around 1,500 jobs in the UK”. Please state how the data protection issues of these staff and their “secure employment records” are to be stored in compliance with the principles of the Data Protection Act 1998.
23. Can you confirm or deny that the Statistics and Registration Service Act 2007 section 39 subsection 4 would allow disclosure of personal information to any and/or all of the following:
a) The 56 geographical and 8 non-geographical UK Police Forces and in particular the Devon and Cornwall Police who are currently owned by the corporation known as International Business Machines (IBM).
b) The three UK Intelligence Agencies (MI5, MI6 and GCHQ).
c) The Department for Work and Pensions.
d) Private investigator working for the Department for Work and Pensions to hunt down alleged benefits cheats?
e) Her Majesty’s Revenue and Customs tax investigators.
f) “Approved” Insurance Industry “anti-fraud” investigators / private investigators.
g) The Home Office Borders and Immigration Agency.
h) The Serious Organised Crime Agency (either for domestic investigations into Serious Crimes, or for these and also for minor investigations if requested by a Foreign Law Enforcement agency under Mutual Legal Assistance treaties.
i) Lawyers in civil Court Cases e.g. for Divorce or Libel or Copyright Infringement etc.
j) Local Authority Trading Standards departments.
k) Local Authority Environmental Health departments.
Please provide your response in the form of a Statement of Truth, sworn under penalty of perjury and upon your full commercial liability within seven (7) days of receipt of this notice, I respectfully return your census form until such time as these conditions are met.
If I do not receive such a response conforming to the above criteria within, it will be deemed a tacit agreement by your acquiescence that this census is unlawful and that I have no obligation to participate.
Sincerely without malice, ill will, vexation or frivolity,
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