Regular readers of the ReACT Newsletter will know that we have, for some time, been complaining about the very considerable problem of the reluctance of many stakeholders to share vital information – and we are not alone in this. As most ASB practioners know this reluctance or even outright refusal to talk to one another has led to severe and often justifiable criticism by inquiries set up to investigate a breakdown in service delivery which has so often resulted in tragedy.
Well, there may well be a glimmer of hope in that following a good deal of pressure from the likes of SLCNG, the Police (through the National Policing Intelligence Portfolio led by Durham Chief Constable Mike Barton) and many others, the Law Commission has set up a project to investigate the claim by public bodies that they cannot always share the data they need to share and, as a result, miss out on opportunities to provide better services to citizens. At the same time, it is accepted that there is a need to ensure that the security of data and privacy of individuals are not put at risk.
The aim of this project, which is out for consultation between April and 16th December 2013 (did you know about it?) is to establish what the obstacles are to sharing data between public bodies, and whether those obstacles are desirable.
The Commission acknowledges that the law surrounding data sharing is complex. Powers to share data are express or implied in numerous statutes and in the common law. The Data Protection Act 1998 sets the limits on data sharing and the rules for handling personal data. The law of confidentiality protects confidential or private information. Contract, employment and European Union law plays a part, as does the European Convention on Human Rights. There are also professional regulations, such as those that prohibit doctors from breaching the confidentiality of their patients. Public bodies collect large amounts of data from individuals and organisations. But they continue to report significant obstacles to sharing that data in ways that are effective and useful. The project, which is due to report in Spring 2014 aims to establish whether these perceived obstacles are embedded in practice or culture, or whether they are to do with the substance of the law or how it is written.
Is someone taking notice at last but maybe we should not expect to much?
For more information go to http://lawcommission.justice.gov.uk/areas/data-sharing.htm
Mike Blomer MBE
ReACT Consultant
Note: The Law Commission is an advisory non-departmental public body sponsored by the Ministry of Justice.
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