Law Commission consults on data sharing between public bodies

The Government’s law reform advisory body said the aim was to establish whether these obstacles were embedded in practice or culture, or whether they were to do with the substance of the law or how it is written.

In the consultation paper, the Law Commission said: “In most other projects, we know that the law needs reforming. We are not certain that this is the case with this project.

“The problems with data sharing between public bodies may originate from a number of causes other than a deficit in substantive law, such as: a lack of guidance or education; insufficient technology; cultural blocks; inadequate organisation; or excessive sanctions.”

The consultation questions cover:

• Clarity and certainty of the law;
• Knowledge and application of the law;
• Balancing data sharing and the rights of individuals;
• Public attitudes to data sharing;
• Availability of powers to share data;
• Misuse of data;
• Other legal restrictions on the use of data;
• Lack of incentives or motivation to share;
• Concerns about security;
• Quality issues;
• Other possible causes;
• The use of shared data by public bodies.

The Law Commission said that, once the root causes for the problems are identified, it would decide whether a full law reform project was needed and would make recommendations accordingly.

Responses to the consultation paper must be submitted by 16 December 2013.