Sorry - I was too quick to get into the debate
Should have said that consent would sort the First Principle not the
whole of the Data Protection Act. Clearly, if a data subject consents,
you don't get rid of security obligations. Also, consent does not mean
you can disclose excessive personal data. SEE CAPS BELOW FOR CORRECTION
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of POUNDER Chris
Sent: 15 January 2007 11:00
To: [log in to unmask]
Subject: [data-protection] Information Sharing and the ID Card database?
The issue re Mr. Hutton's plans is whether the "sharing" is by consent
of the data subject or via statutory power. If it's consent, there is no
data protection ISSUE UNDER THE FIRST PRINCIPLE or human rights issue.
The Government in its Vision Statement argued that sharing was in the
"public interest" (this implies statutory powers to legitimise the
sharing). In addition, the term "necessary in the public interest" is a
term identified in the ID Card Act(S.42) and this explicitly refers to
the purpose of "securing the efficient and effective provision of
public services" (S.1(4) of the ID Card Act).
It seems to me that the ID Card database is likely to be the hub
database for the sharing exchange - just a thought.
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]
Sent: 14 January 2007 12:35
To: [log in to unmask]
Subject: Re: [data-protection] More Information Sharing
It points to this earlier from September 2006
http://news.bbc.co.uk/1/hi/uk_politics/5342718.stm
"Wider use of private data planned
Sensitive personal information would be passed between Whitehall
departments under new government plans."
Today's news provides the following observation from the Works and
Pensions
Secretary:
"The review team, headed by Work and Pensions Secretary John Hutton, has
concluded that it is difficult for services to be as flexible and
light-footed as people want because of rules on data.
The department cites an example of a family who had a total of 44
contacts with government over 180 days trying to make the necessary
arrangements after a family member died in a road accident.
Too often, says the review team, it may be legally forbidden to use
information other than for a single purpose."
Of course, the very same people might then complain about a different
instance where information is passed between departments.
This would seem to unpick all the work that is being done within the NHS
to assure people that their data is safe with us. Because this is the
reason that is given for the Spine and it would add to people's concerns
that easier access to data would override their confidentiality.
It is between a rock and a hard place.
Nick Landau
----- Original Message -----
From: Ibrahim Hasan
To: [log in to unmask]
Sent: Sunday, January 14, 2007 9:48 AM
Subject: [data-protection] More Information Sharing
Colleagues
According to the BBC today:
A giant database of people's personal details could be created at
Whitehall under government plans which ministers say will help improve
public services.
http://news.bbc.co.uk/1/hi/uk_politics/6260153.stm
Somebody on this forum once quoted Lord Browne Wilkinson in the case of
Marcel v Metropolitan Police Commissioner:
""...If the information obtained by the police, the Inland Revenue, the
social security offices, the health service and other agencies were to
be gathered together in one file, the freedom of the individual would be
gravely at risk.
.The dossier of private information is the badge of the totalitarian
state."
As my kids would say on a long journey.
"Are we there yet?"
Happy New Year
Ibrahim Hasan
Solicitor and Trainer
www.informationlaw.org.uk
www.actnow.org.uk
www.ibasolicitors.com
Tel : 07808 079264
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