tag:blogger.com,1999:blog-22202011.post265374251853878393..comments2023-12-11T08:49:46.305+00:00Comments on Dizzy Thinks: The Home Secretary's "sole discretion" to enter your property without a warrant?Unknownnoreply@blogger.comBlogger13125tag:blogger.com,1999:blog-22202011.post-61693774240897298282008-12-17T17:55:00.000+00:002008-12-17T17:55:00.000+00:00It is shockingly badly drafted in general, and cla...It is shockingly badly drafted in general, and clause 5 is unenforceable as it stands as against "Individual Recipients".<BR/><BR/>Presumably Thales et als' corporate counsel said as much when they were negotiating this. If not, I call negligence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22202011.post-71246219265046934292008-12-08T09:49:00.000+00:002008-12-08T09:49:00.000+00:00It is very hard to see what the Official Secrets A...It is very hard to see what the Official Secrets Act and the Data Protection Act would not have covered unless this is for companies based or working overseas, in which case an NDA of this kind would still be pretty unenforceable. <BR/>What do you expect from dinnerladies at the home office?BrianSJhttps://www.blogger.com/profile/03613916574661223679noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-7390745309284254232008-12-08T01:31:00.000+00:002008-12-08T01:31:00.000+00:00The country awaits the call to march on Parliament...The country awaits the call to march on Parliament with pitch forks to oust these odious Labour scum who oppress us, just say when.Lorenzohttps://www.blogger.com/profile/06522842976459302535noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-10308295741025939442008-12-07T20:32:00.000+00:002008-12-07T20:32:00.000+00:00She will probably try to enforce this by instructi...She will probably try to enforce this by instructing the contractors/cosultants to ask their staff to sign a project specific confidentiality agreement - effectively back-to-backing the corporate NDAs. However the Home Office behaviour raises two very important questions:<BR/>(a) why should NIS data be accessible outside of secure government offices or downloaded off the GIS (the government's secure network) - in either case this leads to n inceased risk of data loss (e.g. HMRC's loss of the child benefit CDs)?<BR/>(b) why does the Government need additional protection, all contractors working on Government IT contracts are or should be asked to sign the Official Secrets Act - so why does the Home Office need some separate 'protection'?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22202011.post-78929922383667409542008-12-07T20:03:00.000+00:002008-12-07T20:03:00.000+00:00What if, like me, you're a freelance developer and...What if, like me, you're a freelance developer and your take a job from a guy who's also got other freelancers on NIS-related projects? Am I, or my 'employer' bound or merely the freelancer? And if so, how when you consider how the contractual chain works and who gets to speak to who in the mercenary freelance world?<BR/><BR/>Also, legalistically, how's this going to be inforced? Normally its after-the-fact by the courts before which the Police have obviously raided your home. But remember: nothing to hide, nothing to fear, eh?Shaunhttps://www.blogger.com/profile/02611541853278115075noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-32855656217929600012008-12-07T17:00:00.000+00:002008-12-07T17:00:00.000+00:00Frankly, if the cunts are sufficiently venal to te...Frankly, if the cunts are sufficiently venal to tender for the damned system they deserve everything they get!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22202011.post-35142457346295091802008-12-07T16:16:00.001+00:002008-12-07T16:16:00.001+00:00Now, I can think of a number of circumstances wher...<I><BR/>Now, I can think of a number of circumstances where such a clause is perfectly benign and, to be honest, quite sensible. The disclosure of source code for instance would not be a good thing for a system like the NIS. Whether one agrees with the system in principle or not, once it is up and running and being developed you want to protect it.<BR/></I><BR/><BR/>And the best way to protect the system is to open up the code for scrutity by all so that the holes are removed before it goes live.<BR/><BR/>NickLord Blaggerhttps://www.blogger.com/profile/06783119146180259097noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-33844939271660167622008-12-07T16:16:00.000+00:002008-12-07T16:16:00.000+00:00Now, I can think of a number of circumstances wher...<I><BR/>Now, I can think of a number of circumstances where such a clause is perfectly benign and, to be honest, quite sensible. The disclosure of source code for instance would not be a good thing for a system like the NIS. Whether one agrees with the system in principle or not, once it is up and running and being developed you want to protect it.<BR/></I><BR/><BR/>And the best way to protect the system is to open up the code for scrutity by all so that the holes are removed before it goes live.<BR/><BR/>NickLord Blaggerhttps://www.blogger.com/profile/06783119146180259097noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-48538053732182922092008-12-07T14:46:00.000+00:002008-12-07T14:46:00.000+00:00All I can imagine is that Employees rolling-on to ...All I can imagine is that Employees rolling-on to this could be asked to sign project-specific NDAs with the same clause. <BR/><BR/>God knows I wouldn't, but then I wouldnt work on this scheme, and I hope my company wouldn't have been stupid enough to bid for it.<BR/><BR/>An NDA simply isn't the correct place for this - the NDA should cover voluntary desemination, but malicious desemination should be dealt with by crinimal law - and I would argue that between the DPA and OSA (does this count as National Security) the criminal intent is covered. Why the need to avoid warrants?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22202011.post-64847134521658643082008-12-07T14:20:00.000+00:002008-12-07T14:20:00.000+00:00Such a clause might allow the Home Secretary to fe...Such a clause might allow the Home Secretary to feel she/he has the power to enter people's homes but I'm certain a Court will have a very different opinion.<BR/><BR/>All NDA's essentially set out a list of can and can't do's but to enforce them you still need to resort to the existing laws of the land... you cannot simply inject your own versions of them into what is basically a private understanding between parties.John Pickworthhttps://www.blogger.com/profile/02166443099429490782noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-40915607319830676242008-12-07T12:16:00.000+00:002008-12-07T12:16:00.000+00:00Complex legislation is designed by those with no r...Complex legislation is designed by those with no respect for Law.2345https://www.blogger.com/profile/04247950810805295689noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-39958324593434364212008-12-07T10:41:00.000+00:002008-12-07T10:41:00.000+00:00You're quite right. Your employer cannot sign ...You're quite right. Your employer cannot sign away your legal rights, only you can therefore the clause would be prima facie ineffective. However, it wouldn't surprise me if a little clause was slipped into some obscure bill expressly authorising such a position.<BR/><BR/>Such a provision would create public, political and judicial outrage & would be ripe for lopping as it would be undermining the principle in Entick v Carrington let alone issues of Human Rights law today.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22202011.post-44702037688889134582008-12-07T09:52:00.000+00:002008-12-07T09:52:00.000+00:00It would also be interesting to explore the powers...It would also be interesting to explore the powers of the Home Secretary in Scotland on this. It is my understanding the Scottish Government is opposed to ID Cards and would the Scottish Justice Secretary be "the Authority" in Scotland or would it be Jacqui Klebb or her successor.Anonymousnoreply@blogger.com