Upload
vonguyet
View
221
Download
5
Embed Size (px)
Citation preview
Getting data
sharing right for
every child
Maureen H FalconerRegional Manager – ScotlandInformation Commissioner’s Office
The Supreme Court Judgment
Disproportionate interference, breaching Article 8 of the European Convention on Human Rights
Specifically:
• Parents may believe they must accept Named Person’s advice and that failure to do may be viewed negatively;
• Guidance for practitioners is too limited to address proportionality decisions and criteria too low to override duties of confidentiality.
Challenge from the past…
“It cannot be beyond our wit to put in place ways of identifying early those children at risk of deliberate harm, and to put in place the means of securing their safety and proper development.”
Lord Laming 2009
Child Protection in England Inquiry
Lorem ipsumdolore sit ametSubtitle can go here
The 1st & 2nd Principles
Personal information must be fairly and lawfully processed
Personal information must be processed for limited purposes
Fair processing
• Tell people! – update or create a privacy
notice
• The who, what, why, where and how of
sharing
• Useful when considering new or different
ways of using personal information
• Allows you to identify and manage privacy
risks
• Communication tool
Lawful: Schedule Conditions
Personal data:
Consent
Contract
Legal obligation
Vital interests
Public function/interest
Legitimate interests of the data
controller and third party but not
prejudicial to individual
Sensitive personal data:
Explicit consent
Employment law
Vital interests
Not-for-profit TU/religious/
political/philosophical groups
Already in public domain
Legal proceedings/advice
Public functions
Anti-fraud activity
Medical purposes
Equal Opps Monitoring
Substantial public interest
(SI2000/417)
Lawful: purpose
Local Government (Scotland) Act 2003
20 Power to advance well-being
1. A local authority has power to do anything which it considers is likely to
promote or improve the well-being of—
a) its area and persons within that area; or
b) either of those.
3. The power under subsection (1) above may be exercised in relation to, or
for the benefit of—
a) the whole or any part of the area of the local authority;
b) all or some of the persons within that area.
The 3rd & 5th Principles
Personal information must be adequate, relevant and not excessive
Personal information must not be kept for longer than is necessary
The 4th, 6th, 7th & 8th Principles
Personal information must be kept secure
Personal information must be accurate and, where necessary, up to date
Personal information must be processed in line with individual’s rights
Personal information must not be transferred internationally without adequate protection
Policies & Procedures
ICO Guidance
Can you share?
Yes you can!
Data Sharing Code of Practice
Do you need to share personal data?
Do you have the power to share?
Have you told people this type of sharing may happen?
What is the purpose and is it justified?
Is the sharing proportionate to the issue?
Is the data fact or opinion?
Is the sharing secure and to an appropriate person?
Is the data given in confidence?
What’s the risk of sharing and not sharing?
Have you recorded your reasons?
Do you need a data-sharing agreement?
Learning from the past?
“The suffering and death of
Victoria was a gross failure of
the system and was
inexcusable.”
Lord Laming 2003
Victoria Climbie Inquiry
“What has clearly emerged, at least to us, is a failure of the system compounded of several factors of which the greatest and most obvious must be that of the lack of, or ineffectiveness of, communication and liaison.”
T.G. Field-Fisher 1974
Maria Colwell Inquiry
“The loss of this intelligence cannot
be blamed on the data protection
legislation. [It was] caused by the
failings of Humberside Police’s
record-keeping systems.”
Sir Michael Bichard 2004
Jessica Chapman & Holly Wells
Inquiry
“There was no system in place whereby one of the agencies responsible for Declan’s well-being was in overall charge and there was no system whereby one named individual was responsible for coordinating all available information.“
Declan Hainey Fatal Accident Inquiry 2014
Scotland Office:
45 Melville Street
Edinburgh EH3 7HL
T: 0131 244 9001 E: [email protected]
Subscribe to our e-newsletter at www.ico.org.uk or find us on…
@iconews
Keep in touch
/iconews