The Information Commissioner's Office (ICO) has produced
guidelines for local authorities to follow when they want to share
data with other agencies or authorities or even between departments
of the same authority.
Authorities should only share personal data once they have
identified the risks and benefits and once they have ensured that
the data to be shared is accurate, and that it can be protected
after the transfer.
“If local authorities intend to share personal information, they
must ensure that there is protection for the people the information
is about," said Iain Bourne, head of information sharing at the
ICO.
The assessment that should be made regarding the risks and
benefits of sharing data should not just focus on the individual
concerned, according to the guidance.
"Information sharing should be supported by a sound business
case, preferably accompanied by a Privacy Impact Assessment," said
the guidance. "This should identify the intended benefits and
demonstrate that the data protection risks have been identified and
addressed. The benefits may arise for society as a whole or for the
individuals directly affected.
"The data protection risks are those which involve intrusion
into personal privacy or which threaten the integrity of the
personal data," it said.
The ICO said that it would allow public authorities some
latitude in terms of privacy to ensure that organisations were able
to reap the benefits of modern information systems.
"ICO will avoid an overly restrictive application of data
protection law where that would lead to organisations failing to
make sensible use of the information they hold," it said. "ICO
recognises that modern information technology allows the
sophisticated analysis and rapid transmission of information. Our
approach will not prevent public bodies making the most of the
benefits that technology can bring to society and individuals."
Bourne said that the ICO expects authorities to strike a balance
between privacy and service delivery. "We expect local authorities
to take a sensible approach to information sharing which enables
them to fulfil their data protection responsibilities whilst
providing high quality public services," said Bourne.