Investigations and Prosecutions : The Regulator’s Perspective
The Regulator’s Perspective · Ken Macdonald Assistant Commissioner (Scotland & NI) Information...
Transcript of The Regulator’s Perspective · Ken Macdonald Assistant Commissioner (Scotland & NI) Information...
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The Regulator’s Perspective
Ken Macdonald Assistant Commissioner (Scotland & NI)
Information Commissioner’s Office
ICO Scotland Conference
12 June 2014
@ICOnews
#ICOScot2014
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Contents
• A Decade of Concern
• The Legislative Environment
• Private Data, Public Good
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A Decade of Concern
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It is evident that police officers were nervous about breaching the legislation, partly at least because too little was done to educate and reassure them about its impact……..better guidance is needed on the collection, retention, deletion, use and sharing of information, so that police officers, social workers and other professionals can feel more confident in using information properly.
Sir Michael Bichard, 2004
A decade of concern
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The Future Forum’s key recommendation relating to information governance stated that data sharing is vital for patient safety, quality and integrated care. We endorse this wholeheartedly and have been struck by the loss of confidence of many clinicians with whom we spoke, about when it is safe to share information and the safeguards that are required for sharing…..
….. A re-balancing of sharing and protecting information is urgently needed in the patients’ and service users’ interests, which is supported by those citizens with whom we discussed these issues. There is clearly an urgent and ongoing need for education and training in this area for staff, and also for patients and service users.
Dame Fiona Caldicott, 2013
A decade of concern
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The Legislative Environment
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The Legislative Environment
• Children & Young People (Scotland) Act 2014
• Public Bodies (Joint Working) (Scotland) Act 2014
• Public Records (Scotland) Act 2011
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Children & Young People (Scotland) Act 2014
• Part 4 - Provision of Named Persons
• Introduces gateway for sharing of information re
concerns about well-being
• Provides reassurance to practitioners that sharing
is possible……though concerns re information
given in confidence
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Children & Young People (Scotland) Act 2014
• Should conform with the ICO Data Sharing Code
of Practice
• ICO working with Scottish Government and
children’s agencies to raise awareness of data
sharing and the DPA
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Public Bodies (Joint Working) (Scotland) Act 2014
• Provides for the integration of local authority and
health board functions.
• Integrated joint board v delegation between
partners
• Information sharing and data processing issues
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Public Records (Scotland) Act 2011
• Consequence of 2007 Historical Abuse Systemic
Review (the Shaw Report)
• Found that poor record keeping impacted upon
lives of those formerly in residential schools and
children’s homes
•Recommended that a review of public records
leglisation be undertaken
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Public Records (Scotland) Act 2011
• Requires public authorities to prepare Record
Management Plans for approval by the Keeper
•Keeper has produced a Model RMP
• Includes a Data Protection Element
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Public Records (Scotland) Act 2011
Record Management Plan – Element 9 (Data Protection)
• A general data protection or privacy statement explaining
how personal information is treated and how a member
of the public can determine what information is held
• Not a detailed list of records that might be subject to data
protection legislation.
• Any published data protection policy
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Private Data, Public Good
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Private Data, Public Good
• Scottish Government vision of Scotland being
internationally recognised as a hub of innovative
and powerful statistical research
• Minimising risk to privacy and enhancing
transparency
• Maximising value to inform public policy
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Private Data, Public Good
• Public concerns re safeguarding of privacy
• Supportive of sharing/linkage where public benefit
• Concern over private sector involvement
• Assurance sought over profiling/re-identification
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Private Data, Public Good
• Safe people
• Safe places
• Safe data
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Conclusions
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Conclusions
• Continued concern over data sharing
• New legislative gateways
• Qualified public support
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Conclusions
• Data Sharing Code of Practice
• Guidance on Data Controllers/Data Processors
• Anonymisation Code of Practice
• Privacy Impact Assessment Code of Practice
• Subject Access Code of Practice
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The Information Commissioner’s Office 45 Melville St
Edinburgh EH3 7HL
0131 244 9001
www.ico.org.uk