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Data Sharing – Back to Basics. Ken Macdonald Assistant Commissioner Information Commissioner’s Office National Community Safety Convention 10 September 2013. Content. The Information Commissioner’s Office Group Work The Data Sharing Code of Practice. The Information Commissioner’s Office.

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data sharing back to basics

Data Sharing – Back to Basics

Ken Macdonald

Assistant Commissioner

Information Commissioner’s Office

National Community Safety Convention

10 September 2013

content
Content
  • The Information Commissioner’s Office
  • Group Work
  • The Data Sharing Code of Practice
the information commissioner s office1
The Information Commissioner’s Office
  • The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals
  • Regulator of:
  • The Data Protection Act 1998
  • The Privacy and Electronic Communication Regs2003
  • The Freedom of Information Act 2000
  • The Environmental Information Regs 2004
the information commissioner s office2
The Information Commissioner’s Office
  • Information Commissioner: Christopher Graham
  • Head Office – Wilmslow, Cheshire
  • Regional Offices in Edinburgh, Belfast and Cardiff
ico data sharing code of practice1
ICO Data Sharing Code of Practice
  • Data Sharing and the Law
  • Deciding to Share
  • Fairness, transparency & Consent
  • Governance
  • Security of shared information
  • Individual Rights
  • Notification
  • Things to avoid
  • Protocols
data sharing and the law
Data Sharing and the Law
  • Check your vires
  • Express Obligations – legal requirement to share
  • Express Powers – a stated power to share, but not to the extent of an obligation
  • Implied Powers – sharing is reasonably incidental to an activity within express obligations/powers
  • Take legal advice before proceeding
deciding to share
Deciding to Share

Why do you want to share ?

What information do you need to share?

Who will you share it with ?

When should it be shared ?

How should it be shared ?

Can the objectives be achieved differently ?

fairness transparency consent 1
Fairness, Transparency & Consent (1)

Privacy notices

Who you are

Why you want to share

Who you are sharing with

Passive v Active Privacy Notices

fairness transparency consent 2
Fairness, Transparency & Consent (2)

Do NOT seek consent if statutory requirement

Nevertheless, normally good practice to inform of sharing

Consent most likely required where:

  • confidential information to be shared without clear legal basis
  • individuals may be expected to object
  • where there may be a significant and adverse impact on an individual/group
governance
Governance
  • Data Sharing Agreements / Protocols
  • Privacy Impact Assessments
  • Data Standards
  • Staff Training
security of shared information
Security of Shared Information
  • Organisational Security
  • Physical Security
  • Technical Security
individual rights
Individual Rights
  • Rights to Access
  • Right to Object
  • Queries and Complaints
notification
Notification
  • Legal requirement
  • Keep your notification up-to-date
  • Prosecutions are frequent
things to avoid
Things to avoid
  • Failure to inform individuals about sharing
  • Sharing excessively
  • Sharing irrelevant information
  • Sharing inaccurate information
  • Sharing insecurely
information sharing protocols
Information Sharing Protocols
  • Purpose of Sharing
  • Partner Organisations
  • Data to be shared
  • Legal basis for sharing
  • Meeting individuals’ rights
  • Governance
information commissioner s office

Information Commissioner’s Office

45 Melville Street

Edinburgh

EH3 7HL

0131 244 9001

scotland@ico.org.uk

www.ico.org.uk