Law Commission launches privacy & security review
The Law Commission has launched a review of privacy and security laws where public bodies share private information on individuals.
In a consultation published last week, Sharing data between public bodies, the Commission questions whether the “significant obstacles” to data sharing between public bodies are necessary.
The laws on data-sharing are found in the data Protection Act 1998 as well as in various parts of contract, employment, EU law, common law and professional regulations. The Commission asks whether the law “unduly restricts data sharing”, is “too complex”, and whether a lack of clarity in the law has led public bodies to develop a secretive culture that inhibits data sharing.
The Commission closes its consultation on 16 December 2013, and will present its findings in the spring.
Tom Morrison, commercial and IP partner at Rollits, says: “Key to all of this in my view is transparency and, where appropriate, consent. The individual must, however, have a very clear understanding as to what they are consenting to, and the information provided must be intelligible and not in technocratic speak.
“I do not believe that it is necessarily the case that the law puts in place unnecessary obstacles. Used properly, the Data Protection Act can, for example, be used to regulate and facilitate sharing of information. The DPA is there not to block sharing of information, but to help set the ground rules for data sharing.”
However, he warned that there was always a danger of “mission creep” with public bodies sharing more information than necessary.
