Data-Sharing and Governance Consultation ANALYSIS OF RESPONSES

Respondents 26 Written responses received from: Private Citizens State Agencies Government Departments Members of the Oireachtas Rights Groups Research Bodies Solicitors Industry Representative Bodies

Proposed Definition of Data-Sharing

1. The receiving body determining a need for data from the sending body to support or improve its business processes, perform a statutory function, or to provide evidence to support policy evaluation and development

2. The receiving body identifying an existing legal basis for the data-sharing, or creating a new one

3. The sending body agreeing to provide the data

4. Technical and legal details being agreed in writing – data protection restrictions, transmission channel, format, contents, security etc.

5. Generally, the receiving body will need to match the shared data with data it currently holds 

Do you agree with the proposed definition of data-sharing?

Disagree17%

Somewhat Agree30%

No Response43%

Agree9%

If you do not agree, how do you believe the definition could be improved?

- “Two or more” parties - Open Data concepts –

e.g. “Open by design” - Governance led approach

- Establish an interoperability community

What do you believe are the priority areas for data-sharing to contribute to improved public services?

Removal of Duplication Evidence based evaluation of programmes Better Governance Culture Training of public service staff Setting of information standards Better access to services and information Better use of spatial information, health

information and educational information

Do you agree that more effective data-sharing can help drive public service reform?

Somewhat Agree19%

No Response31%

Agree50%

Examples of suggested drivers for public sector reform

Sharing of education data to assess outcomes Streamlining the provision of services to the public Streamlining identification of individuals across service

providers Improved transparency to reduce need for FOI requests Improved Data Governance strategies at Management

Level Reduce costs and increase revenues by removing

Duplication and reducing fraud and error

Do you share the assessment that a new legislative framework for data-sharing is required?

Disagree8% Somewhat Agree

4%

No Response27%

Agree62%

What type of legislative reform is necessary?

Clarification of data retention issues Wider access to anonymised records Resolve Data-Sharing disputes between Public Service

Bodies Measures to create Accountability Governance centred reform, with sharing based on

existing law Sanctions for poor Data Governance and Breaches Establish requirement for Data Sharing Officers and

Privacy Impact Assessment

what do you see as the main obstacles to data-sharing?

OBSTACLES Institutional reluctance Lack of resources (Financial, staff,

technological) Lack of institutional knowledge and training Lack of enforced interoperability standards for

data Lack of accountability, Organisational

asymmetry

Proposed solutions:

PROPOSED SOLUTIONS Supervision and enforcement of sharing by

central Departments/Agency Link compliance to budget Implement training and standardise data

across different Bodies

Suggestions for public consideration, analysis and debate?

Consult with stakeholders in Public Sector, NGO Sector and Civil Society, Academia

Use of Public Forums to clarify the benefits of Public Service Data-Sharing

Circulate Heads of draft legislation Use of online materials to provide information Further Public Consultation

How far can the Bill go in providing the necessary powers to share data, while at the same time ensuring clarity around what exactly is permitted?

Set Protocols for sharing to create clarity Purpose of sharing should be based in primary legislation Data-sharing only for lawful and specified reasons Engagement with a governing body beneficial Address interoperability issues Approval role for Data Protection Commissioner

Should both personal and sensitive personal data be covered by these provisions?

Disagree8%

Somewhat Agree8%

No Response50%

Agree35%

What other specific data-sharing arrangements should be considered?

Educational information Public/Private exchanges (other than Personal Data) Sharing of business data and crime data Reform access to existing publicly available data sets Infrastructure Data, Ordnance Survey, Transport, BER

Ratings

Should "Trusted Third Parties" be Included in the Bill?

Disagree12%

Somewhat Agree8%

No Response38%

Agree42%

Should there be provisions relating to "anonymised" data?

Disagree4%

Somewhat Agree12%

No Response48%

Agree36%

Do you agree that “The problem [of data governance] is therefore primarily one of better implementation, rather than an absence of legislation.”?

Disagree8%

Somewhat Agree28%

No Response40%

Agree24%

Should the Data Protection Commissioner have a role in monitoring and reporting on compliance with these governance provisions?

Disagree8%

Somewhat Agree15%

No Response42%

Agree35%

In what circumstances should a Department be able to “opt out” of the transparency requirement for a particular data-sharing arrangement?

Never – transparency should be absolute

When connected to the investigation of Crime or National Security

When necessary to protect sensitive data

When approved by a Data Governance Supervisor

“Commercial Confidentiality” should not be allowed as a ground for excluding reporting and transparency

When approved by the Data Protection Commissioner

Should new governance and transparency arrangements apply to all existing data-sharing arrangements, not just new ones?

Disagree8%

Somewhat Agree8%

No Response58%

Agree27%

Is the base register concept a useful one?

Somewhat Agree8%

No Response35%Agree

58%

What other base registers could usefully be defined?

Registers chould be approved by Data Governance Supervisor

Educational Qualifications and Awards

Eircodes

Legal Judgments

Vehicle Registration

Geospatial information, Addresses and Eircodes

Health Identifiers

Identification Management

National Infrastructure

Next steps

Publication of consultation responses on Department of Public Expenditure and Reform Website

Preparation of General Scheme Drafting of Data-Sharing and Governance Bill Further engagement with stakeholders and

public