The reports of what the Government is going to say sound to me like
reassurance to persuade those who think that Data cannot be shared in any
circumstances to think again. It can be shared, it is being shared, and it
will continued to be shared, all without breaching the principles. What the
Government may succeed in doing is convincing some reluctant public
authorities to start sharing when they haven't done before. The reporting of
principles being overturned sound like hyperbole.
My problem is that holding a Cabinet Committee and having a big announcement
might not dispel the myth that data-sharing is difficult or impossible, or
that it requires some kind of amendment or silver bullet. It might sustain
the myth instead. Data Sharing has to be done with due attention to the
rights of the individual, and in such a way to avoid breaching the
principles. It is entirely possible based on the way the Act is currently
drafted - but not necessarily the way it is commonly interpreted. If the
outcome of MISC31 is another rehearsal of the message that DP is much more
straightforward that people think, all well and good. But I worry that some
people in Government don't understand DP themselves. If they radiate a
message that DP really is hard and confusing, then things will stay as they
are, and people won't share data because they think it's difficult or
forbidden.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Paul Dodgson [mailto:[log in to unmask]]
Sent: Fri 01 September 2006 10:56
To: [log in to unmask]
Subject: [data-protection] Data Sharing proposals
Dear All,
It seems to me that the broadly in favour camp, subject to more details,
needs to start speaking. As a member of the public, I get rather fed up
with dealing with public officials to change my address at numerous offices.
As a compliance manager I still support data sharing where the benefit falls
upon the customer and customer choice prevails in terms of notifications;
and this includes opening up access to Council Tax data.
I would consider my human rights to be violated where choice is not
available. I would consider rights under DPA to be violated where choice is
not available. No statement has yet been made (to my knowledge) to
challenge this position.
I do not support the bland comment, unsupported by any report from MISC31
that data protection in the public sector would be thrown out of the window,
and would challenge anyone based on current information to substantiate such
a comment.
I see the initial (press) report as positive but will await the detail
before coming to any view, knee jerk or otherwise.
These comments are not attributable to any body/person other than myself.
Regards
Paul Dodgson
From Government Computing magazine "Data proposal prompts legal warning"
(25.8.06)
http://www.kablenet.com/kd.nsf/Frontpage/CF9AC49C8FE7049B802571D4005671E0?
OpenDocument
"The government has been warned it could face legal problems over a proposal
to change the rules on data sharing
An expert on international law has said it could violate the European
Convention on Human Rights, and the Information Commissioner's Office (ICO)
has said there is already considerable scope for sharing under existing
legal conditions.
"This proposal, if implemented, would basically throw data protection in the
public sector out of the window," Douwe Korff, professor of international
law at London Metropolitan University, said on 24 August 2006.
The statements follow a report in The Guardian that the MISC31 committee,
which was set up to examine data sharing issues, has decided a change is
needed in the regulations for data sharing around government."
Within the NHS there is a requirement to ask permission of the patient for
information to be passed from one organisation to another.
Again in the NHS, there is a requirement for the information requested to be
relevant and not excessive (although there is also the idea of the
information following the patient and avoiding repeated collection of the
same information).
Nick Landau
A colleague used to say such comments were knee jerk reactions, alas I
cannot say what my words would be as to comment would be premature.
I see the initial (press) report as positive but will await the detail
before coming to any view, knee jerk or otherwise.
These comments are not attributable to any body/person other than myself.
Regards
Paul Dodgson
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