The Information Commissioners Perspective

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The Information Commissioners Perspective

• British Computer Society Elite Group
• 8 June 2006
• Richard Thomas
• Information Commissioner

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Information Commissioner's role

• Freedom of Information and Data Protection
• Promoting public access to official information
  and protecting your personal information
• Both aspects fundamental to transformation of
  public services, and building confidence in IT.

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Freedom of Information

• Open Government The Right to Know
• Presumption of disclosure - unless good reason
  for confidentiality
• 115,000 public bodies within FOIA
• Culture change Transformation
• Transparency crucial to trust in government,
  accountability and democratic process
• FOI serves as a reminder that governments serve
  the people, not vice-versa

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Electronic Freedom of Information

• FoI as a major driver for e-government
• Records Management (EDRM)
• Electronic Requests, Disclosures and Refusals
• Disclosure Logs (disclosures for public at large)
• Proactive disclosure
• Web-site / Publication Scheme Compatibility
• The information the public wants, at their
  fingertips
• Transforming public services

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Data Protection - A top public concern

• Preventing crime 88
• Improving education 84
• Protecting personal information 83
• NHS 83
• Equal rights 81
• Protecting freedom of speech 80
• National security 78
• Environmental issues 74

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Privacy Enhanced by Technology

• Privacy and Technology not mutually exclusive.
• Council on Science Technology Better use of
  personal information opportunities risks.
• Trust is essential for the successful adoption of
  technology, and very expensive if lost.
• ICO guidance on PETs to be published shortly.

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RFID
Multiple uses some dont involve personal
Information

• Logistics
• Medicine/food safety

• Road Tolls
• Passports/ID cards
• Implanted in people?

But some do
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Processing Personal Data Risks

• Costs of poor data quality controls
• Lack of security (What Price Privacy?)
• Identity theft
• Unacceptable volumes and detail of personal
  information, especially with major databases
• Inaccuracy, loss of accountability
• Building bigger haystacks
• Risks of loss of public trust and confidence

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Data Sharing Difficult balances

• integral to transforming services
• ..but privacy rights and public trust must be
  maintained
• Transformational Government - para 39(4)
• More sharing driven by public policy or service
  delivery considerations

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Information-sharing

• Where sharing information is justified, necessary
  and proportionate, e.g. to protect those at risk,
  DPA is not a barrier
• DPA provides a framework for sharing in a secure,
  lawful and reasonable way
• Wide range of info sharing projects in
  place/underway. Privacy considerations should be
  built in to assure the public trust that will
  enable them to work.

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Getting the balance right

• Nature of information
• Children at risk of abuse
• DVLA / motor insurers
• ESRC research into data-sharing
• Public sector confusion and uncertainty
• Too much or too little guidance? Wrong sort?
• Need to focus on reasonable expectations,
  outcomes and illustrative examples , in
  preference to processes and procedures
• Role of DPA Codes?

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Surveillance Society

• Corporate aim
• Lead policy debate with particular
  emphasis on information sharing, identity
  management and the risks of a Surveillance
  Society
• Key project to bring together the privacy
  implications of the different technologies.
• Will feed into the 28th International Conference
  of Data Protection and Privacy Commissioners.

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More details...

• www.ico.gov.uk