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 Post subject: Identity theft
PostPosted: Fri, 21 Aug 2009 09:05:20 +0000 
If the government is so confident that the ID card system can't be hacked and that identify theft is impossible (note I said impossible not improbable) is there any recompense for identify theft or any failure in the identity system working. Identity theft is probably unlikely but it could happen, the compensation in this situation should be high. A more likely scenario is that of a identity check failure, eg. false negative, that stops you from getting your entitlement (eg. benefits) or prevents you from carrying out a task that you are allowed to do (eg. such as travel on a plane). In the latter case the compensation should be for your loss plus a bit for the hassle factor in having to prove that you were right and the system wrong.

Or is the government going to do the Fast Show sketch of "The Computer Says Noooooo" and believe the computer no matter what. A common occurrence in the computer field is GIGO (Garbage In Garbage Out), so computers can get it wrong if the human at the front end gets it wrong which can happen.

Jon


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 Post subject: Re: Identity theft
PostPosted: Fri, 21 Aug 2009 10:01:39 +0000 
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Joined: Sun, 09 Jan 2005 18:23:13 +0000
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Anonymous wrote:
If the government is so confident that the ID card system can't be hacked and that identify theft is impossible (note I said impossible not improbable) is there any recompense for identify theft or any failure in the identity system working.

Highly unlikely. Here's a case that seems to set a precedent:

http://forum.no2id.net/viewtopic.php?p=110216#110216

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PostPosted: Fri, 21 Aug 2009 17:29:08 +0000 
But that case was about a judge's mistake and judges are exempted from claims. However civil servants can be tried for malfeasance and other crimes so I don't think they can get off scot free. Also HMRC do seem to imply that if a mistake is made on their part that they will refund money but only at a paltry interest rate.

Jon


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PostPosted: Sat, 22 Aug 2009 05:53:20 +0000 
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Joined: Wed, 29 Dec 2004 12:34:03 +0000
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Anonymous wrote:
....if a mistake is made on their part that they will refund money but only at a paltry interest rate.

Jon


I doubt they will refund the costs incurred in fighting/proving the mistake, either.

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