Friday, January 16, 2009

Data sharing and government

I'm finally turning Tony into a policy geek.
"I made a couple of soft resolutions to myself at the start of this year, one of which was to try to take more interest in policy matters, particular in areas that impact upon the web and “information”. But I suspect that getting my head round the implications of proposed new legislation is going to be non-trivial.

For example, the MySpace generation believes that sharing personal information in public is the thing you do, right? But what about when government agencies can freely share your personal data between themselves.

For example, a couple of days ago, the Coroners and Justice Bill was introduced to Parliament containing a proposed amendment to the Data Protection Act:

152 Information sharing
After section 50 of the Data Protection Act 1998 (c.29) insert—
50A Power to enable information sharing
(1) Subject to the following provisions of this Part, a designated authority may by order (an “information-sharing order”) enable any person to share information which consists of or includes personal data.

(3) For the purposes of this Part a person shares information if the
(a) discloses the information by transmission, dissemination or otherwise making it available, or
(b) consults or uses the information for a purpose other than the purpose for which the information was obtained.”

I’m not sure what this might mean in practice...

It seems, though, that there are “Explanatory notes” that explain the intention behind some of the proposals: Explanatory notes (Clause 152: Information Sharing):

691. Section 50A(1) creates an order-making power to enable a person to share information that consists of, or includes, personal data...

Here’s a bit more from the introduced Bill itself:

50B Information-sharing orders: supplementary provision
(1) An information-sharing order may—
(a) confer powers on the person in respect of whom it is made;
(b) remove or modify any prohibition or restriction imposed (whether by virtue of an enactment or otherwise) on the sharing of the information by that person or on further or onward disclosure of the information;
(c) confer powers on any person to enable further or onward disclosure of the information;
(d) prohibit or restrict further or onward disclosure of the information;
(e) impose conditions on the sharing of information;
(f) provide for a person to exercise a discretion in dealing with any matter;
(g) enable information to be shared by, or disclosed to, the designated authority;
(h) modify any enactment.

Now I’m not a lawyer, and I don’t speak Legislation, but what do paragraphs b and c mean exactly? In “real terms”? And how do they operate differently to g? Read them again… go on… read them…"

Oh and in answer to your questions Tony - is data sharing good and is HM Govt. evil - yes and no to the former and cock-up not conspiracy to the latter.

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