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DATA-PROTECTION  October 2013

DATA-PROTECTION October 2013

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Subject:

Re: Data Sharing Bill questionnaire

From:

[log in to unmask]

Reply-To:

[log in to unmask]

Date:

Fri, 11 Oct 2013 16:18:42 +0100

Content-Type:

text/plain

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text/plain (64 lines)

Why has Lynn's message been removed people - were you consulted Lynn? 

Regards

Ibrahim Hasan

Www.actnow.org.uk


On 11 Oct 2013, at 11:38, Lynn Wyeth <[log in to unmask]> wrote:

> Have people just received a questionnaire re. the data Sharing Bill? The Local Gvt Association have just sent it on to me from DCLG. If you've not seen it, questions are as follows:
> 
> Drafting is about to start on the proposed data sharing Bill. 
> 
> Parliamentary Counsel has advised Cabinet Office that this questionnaire, whose purpose is to collect details, insofar as possible, on the gateways to and prohibitions from sharing identified personal data, is an essential part of the process. It will enable our lawyers to determine how any data sharing provisions in the Bill will interact with existing gateways and prohibitions, and whether the Bill will need to repeal or amend any of these. 
> 
> An exercise was done by the Administrative Data Taskforce in 2012 but that gathered generic information for a broad legal analysis, rather than the detailed information needed to draft a Bill.
> 
> Your help in identifying existing gateways and prohibitions will therefore be invaluable. PLEASE REPLY BY 22 OCTOBER 2013. 
> 
> 1.    With which (i) Government departments or agencies; (ii) other public bodies; (iii) private bodies does your organisation share personal data for the following purposes
> a.    preventing fraud against the public sector, reducing customer and official error or supporting the collection of overdue public debt?
> b.    producing statistics or conducting research or analysis (please set out whether the data share in each case is personal, de-identified or anonymised)?
> c.    identifying citizens, particularly complex service users (e.g. former prisoners, troubled families etc.) for whom a service is relevant and offering that service more quickly and efficiently than currently possible?
> 
> 2.    If your organisation does share personal data, then for each purpose: 
> a.    Does it rely on common law or prerogative powers to do this?  If so, please provide details of any limits to such powers (for example, are powers limited to sharing data for the purposes for which it collected the data; or breach of confidence).
> b.    Does it rely on any statutory powers or gateways to do this?  If so, please provide details of every piece of relevant legislation and how it is relied upon (i.e. specify the information is shared under which gateway). 
> 
> 3.    If your organisation does not share personal data for any of the above purposes, but would like to share, please explain if this is due to any legal barriers (including lack of power), under common law (e.g. breach of confidence) or statutory restrictions or prohibitions. If there are specific statutory restrictions or prohibitions (other than under DPA or HRA), set out all of these and the policy justification for their amendment or removal. Where relevant, explain why your organisation has not repealed/amended these previously in your organisation’s own legislation. 
> 
> Respond to to Justine.Wharton @ communities.gsi.gov.uk by 22nd Oct.
> 
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