Personal Data Uses and Problems

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Personal DataUses and Problems
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• Introduction
• Data Sharing
• Some practical considerations

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Introduction/Context

• Drive for e-government
• 100 of government/local government dealings with
  public
• By 2005 (so just over 2 years away)

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Introduction/Personal data

• This drive for e-government inexorably involves
  ever-increasing collection and processing of
  personal data
• And any programme to use personal data more
  extensively
• sharp contrast to data protection/privacy

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Introduction/Background

• What law applies to personal data?
• Human Rights Act 1998
• Freedom of Information Act 2000
• Disability Discrimination Act 1995
• Data Protection Act 1998

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Introduction/and thats just for starters

• A significant number of statutory regulations
  (for example the e-commerce regulations and the
  lawful business regulations)
• Literally tens of thousands of pages of published
  guidelines, analysis, recommendations, advice

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Introduction/Data Protection

• Collection
• nature of the consent obtained
• Type of data
• distinguish between personal and sensitive
  personal data
• Usage
• for what and by whom
• Storage
• security

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Data Sharing

• Two key issues
• data protection considerations
• scope of councils powers

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Data sharing/Data protection

• Nature of the consent
• To whom was it given?
• What happens if it is withdrawn?
• Dealing with families

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Data sharing/Council powers

• By and large rely on specific powers
• Most information gathered for council tax
  purposes LGFA 1992
• Safe to rely on general powers?

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Data Sharing/Data Matching(1)

• Comparing data held for one purpose with data
  held for another
• Dual purpose of removing inconsistencies/
  duplication and investigating fraud

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Data Sharing/Data Matching (2)

• All the usual data protection issues apply
• As do the provisions about automated decision
  making
• Who is the data controller?

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Data Sharing/Data Matching (3)

• It is legitimate to undertake internal data
  matching to detect or prevent fraud
• It is legitimate to pass data to other government
  bodies as long as
• establish the legal authority under which request
  made
• seek assurance that the provision of data is
  essential and will not be used for any other
  purpose

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Data Sharing/Subject Access Requests

• Provide details of the information held to the
  data subject (on request and on payment of 10)
• There are certain exceptions
• confidentiality
• prejudice a criminal investigation
• where a third party is put at risk

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Data Sharing/the approach of the Cabinet Office

• Get on with it
• We should do some consultation on this
• Really a giant privacy policy

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Data Sharing/Government principles

• Use data efficiently
• Least intrusive approach
• Citizens choice
• If without consent
• approach and transparency

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Data Sharing/Two vague proposals

• A new general power
• but should they be amending primary legislation?
• Specific gateway powers through secondary
  legislation

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Some practical considerations/General

• Who is the data controller?
• How is information updated?
• What about sensitive personal data?

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Some practical considerations/technological

• Technology, including CCTV, monitoring, tracking
• Human rights/privacy
• Freedom of information

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Some practical considerations/approach with
caution

• Smart cards
• Encryption and security

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Some practical considerations/steps to take

• Understand the requirements
• Keep up-to-date
• Policy, policy, policy
• React to complaints/problems

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Some practical considerations/final thoughts

• Get going
• Act in haste..
• Walk before you can run.