File on Mark Duggan police shooting lost in the post

http://www.theguardian.com/uk-news/2015/jan/29/file-mark-duggan-police-shooting-lost-post

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Computer disks lost by the government containing sensitive data include details identifying the police marksman who shot Mark Duggan, the Guardian has learned.

The disks were lost by an official and the information on them is feared to be so sensitive that security cleared Treasury solicitors have been drafted to assess the scale of the potential damage.

The shooting of Duggan by police in August 2011 triggered some of the worst riots in recent history. The marksman was granted anonymity because of fears of reprisals and was known at inquest into the death only as V53. He testified behind a screen to conceal his identity from the public.

The disks were said to have been lost in the post and contained information about the Duggan inquest, as well as the official inquiry into the police shooting of Azelle Rodney, and the inquiry into the killing of Robert Hamill in Northern Ireland. For all the inquiries, officials were seconded from the Ministry of Justice to assist their running.

Officials assessing the damage are trying to determine if risk assessments about officers whose identities were kept secret were on the disks, plus other details identifying them. It is not known if the disks were encrypted.

Officials are trying to assess if sensitive details about the families of Duggan, Rodney and Hamill were on the disks, and all three families have been contacted after the loss on 8 January, was noticed.

The loss of the disks is embarrassing for the justice secretary, Chris Grayling, and also comes at a time when the government says it can be trusted with increased powers to access people’s communications data, which it says is needed to fight terrorism and serious crime.

The marksman who shot Azelle Rodney in 2005 has already been named. He was charged with murder over the killing and a judge lifted the anonymity restrictions. The marksman in the Duggan case has been informed of the data loss. It is believed the disks were lost as a result of human error. While the data loss is serious, it is not believed to have been the result of criminality and nor is their any evidence or intelligence it has fallen into the wrong hands.

In a statement, the Ministry of Justice said: “At this stage there is no evidence to indicate that the information loss arose from malicious intent. Nevertheless, it is essential to take the most precautionary view and to take all necessary steps to safeguard the interests of anyone whose information could be disclosed.

“Police and other agencies have undertaken their own risk assessment, and have identified and taken any steps necessary to ensure the protection of officers.”

“The government has undertaken urgent investigations into how this incident was able to happen, and further investigations continue in relation to both the conduct of individuals and the organisational safeguards against information security breaches of this kind. A member of staff has been suspended to facilitate the investigation. Once concluded disciplinary action will be taken, if appropriate.”

The shadow justice secretary, Sadiq Khan, said: “This is an appalling lapse in security concerning highly confidential information on very sensitive investigations. It would be disastrous if this data got into the wrong hands.

“The justice secretary needs to get an urgent grip on this situation and set out what the government is doing to find this data and reassure the public that measures are in place to prevent it happening again.”

Susan Alexander, Azelle Rodney’s mother, said: “This is shocking news and very disappointing. My lawyers are in contact with the Ministry of Justice on my behalf to establish exactly what data from the case (including anything that relates personally to me) is on the disks that have gone missing.”

In a statement the Hamill family said: We have been informed the disk had been in the possession of the Ministry of Justice and had been sent out in external mail and did not arrive at the designated address.

“The family will be seeking urgent answers to a number of questions which arise as few details have so far been disclosed.

“We want to know whether the information on the disk was encrypted and if not why not.”

“We do not know when the disk was posted and how long it took before the loss was discovered.”

Deborah Coles, co-director of Inquest, which supported the Rodney and Duggan families, said: “This is an astonishing and unacceptable lapse that will further undermine public and family confidence in the way contentious deaths are dealt with.

“It is shocking that such sensitive material can be treated with such apparent disregard, particularly considering the strict confidentiality undertakings families and their lawyers have to sign up to.”