Legal and Policy frameworks for data access Paul Jackson Legal Services Office for National...

Legal and Policy frameworks for data access

Paul JacksonLegal Services

Office for National Statistics

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Significant changes

Recognition that using data is an economic, social, and democratic stimulus.

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FreeOurData.org

"Give us back our crown jewels”

- Guardian, March 9 2006

“The taxpayer pays to create the data, then has to pay to use the data.”

http://www.guardian.co.uk/technology/2006/mar/09/education.epublic

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Power of Information Report

Ed Mayo and Tom Steinburg

Published June 2007

Highlighted the opportunities available to government and society through the extraordinary adoption of the internet and modern communications.

5

1st Prime Minister’s letter

“Greater transparency across Government”

- 31 May 2010

• COINS released• Contracts and salaries published• Legislation to effect a Right to Data• A Transparency Board

http://www.number10.gov.uk/news/statements-and-articles/2010/05/letter-to-government-departments-on-opening-up-data-51204

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Open Government Licence

“Faster and easier than ever before to re-use public sector information” - OPSI

- 30 September 2010

• A worldwide, royalty-free, perpetual, non-exclusive licence…• to copy, distribute, publish, adapt, and commercially exploit Information

http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm

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Protection of Freedoms Bill

“Release and publication of datasets held by public authorities” - Clause 98

- introduced 11 February 2011

• Amends FoIA• Obliges publication of datasets in Open formats

http://www.publications.parliament.uk/pa/bills/cbill/2010-2012/0189/cbill_2010-20120189_en_15.htm#pt6-pb1-l1g98

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Transparency Board objectives

•Know what datasets exist

•Decrease bureaucracy

•Increase democratic accountability

•Stimulating growth

•Improving public services

•Improving management of personal information

•Improving information management across the UK

public sector

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Some key policy initiatives

• The Public Data Principles– a star marking using indicators of good PSI data practice

• The Public Data Inventory– a single, comprehensive, PSI information asset register.

• The Public Data Corporation– a public/private information trading organisation.

• 2nd Prime Minister’s Letter due today

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Where we are now

data.gov.uk – pushing out data

Public Data Principles

Transparency Board

Public Data Corporation

Changes to FOI Act to extend the scope of the Act and push out datasets for re-use

OpenGovernmentLicencePrivacy

Review

UNCLASSIFIED

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Let’s not forget data access

• Emphasis may be on Open data

• ONS still focussed on Research Data Access to non-public datasets.

• I.e. datasets that are exempt under FoI for reasons of confidentiality, etc, and which therefore justify controls over use and user.

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Personal data ?

It has never been more important to know if data are personal data…

…and it has never been more difficult to find out

e.g. DH Abortions statistics.

http://www.bbc.co.uk/news/health-14015096

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Walport - Thomas review

• July 2008

• “Greater use could be made of the ability to share personal data safely, particularly in the field of research and statistical analysis”

• “Develop mechanisms that will enable

population-based research and statistical analysis for public benefit, whilst safeguarding the privacy of individuals”

http://www.justice.gov.uk/reviews/datasharing-intro.htm

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ONS responsibility

“22 Statistical Research

[ONS] may promote and assist statistical research, in particular by providing access…to data held by it”

S22 - Statistics and Registration Service Act 2007

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‘Approved Researcher’

• 1003 Approved Researchers in 32 months

• About the individual, on a specific project

• Bound by the same law as ONS staff

• About 1/3 of all ONS data access

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Topic of Research

3% 3%

22%

15%

2%5%10%

9%

2%

3%

3%

6%

17%Childhood development

Fertility

Public Health Studies

Mortality

Ageing Population

Population and Migration

Finance

Employment

Productivity

Innovation

Economic Studies

Regional/Geographical Studies

Other

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Secure Data Service and VML

• http://securedata.data-archive.ac.uk/

• http://www.ons.gov.uk/about/who-we-are/our-services/unpublished-data/business-data/vml/index.html

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Secure Data Service and VML

• ONS aim is to duplicate the data in the VML across to the SDS.

• Dependant on information security management, only.

• SDS for academia, funded by academia• VML for government, funded by govt.• Same experience in both.

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European Statistical System

• New research data access regulation by end of 2011

• Sets out how Eurostat grants access to confidential ESS data.

• Eurostat are wholly committed to widening research access in the EU, including the use of CESSDA archives.

• Eurostat wish to delegate their tasks to members of the ESS and other service providers.

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Data Without Boundaries

• 7 million Euros funding for improving European Research Area data access

• UK lead on researcher accreditation and legal workpackages.

• Aim is to enable access across EU borders, with the help of Archives and NSI in partnership.

• 4 year project.

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Conclusions

• Significant change to ‘Public Use Files’ and their content, availability, design, and visibility.

• No drop in pressure on ‘Scientific Use Files’.

• A dynamic, positive, expectant legal and policy framework for ONS and the users to make decisions within.

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Thank You