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Background

Background. Personal information is individual & precious to each one of us – it’s vital that we treat it properly. There is a long-standing and healthy debate about the balance between the right to privacy and the necessity to hold and share data.

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Background

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  1. Background • Personal information is individual & precious to each one of us – it’s vital that we treat it properly. • There is a long-standing and healthy debate about the balance between the right to privacy and the necessity to hold and share data. • Review announced by PM on 25/10/2007 during his speech on Liberty. High profile data losses thereafter made DSR even more relevant.

  2. Work of the Review • Consultation exercise between December and February – over 200 responses. • Some 60 meetings covering public, private and third sector – across UK and in Europe. • 8 workshop discussion sessions. • Extensive desk research.

  3. Common issues highlighted • Benefits of sharing (law enforcement/public protection; provision of services; research). • Risks of sharing; need for minimisation, proportionality and safeguards. • General confusion/uncertainty about the law, including the complex interplay between different strands of the law. • A lack of public trust in data handling. • A lack of transparency in what is done with personal data. • Inadequate regulatory powers, sanctions and resources. • Lack of clear accountability in a complex shared data environment. • The subject access process out-of-date in the internet era.

  4. Recommendations (1) • Transform personal and organisational culture: clarify corporate governance; maximise transparency; improve training; and consider credentials. • Clarify and streamline legal framework: urge HMG to lead EU debate on reform; authoritative guidance through statutory CoP; and a new statutory fast-track procedure where there is a strong case for removal of a legal barrier. • Ensure effective enforcement: implement fine provisions quickly; provide new powers to inspect & audit; ensure adequate resources; and revise structure.

  5. Recommendations (2) • Develop mechanisms for safe and secure research and statistical analysis: develop ‘safe havens’ as environment for population-based research; create system for accrediting approved researchers; and call on HMG and NHS to maximise potential benefits made possible through safe havens. • Safeguard and protect publicly available (online) information: call for new enquiry into online services that aggregate personal information; and ban the sale of the edited electoral register.

  6. Next Steps • Report has been presented to PM and Justice Secretary. • Our recommendations are evidence-based and workable in practice – we expect to see progress made on implementation. • We have asked the Government to set a clear timetable for implementation and to report on progress in 18-months time.

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