The Information Commissioner’s Perspective

1. The Information Commissioner’s Perspective British Computer Society Elite Group 8 June 2006 Richard Thomas Information Commissioner

2. Information Commissioner's role • Freedom of Information and Data Protection • “Promoting public access to official information and protecting your personal information” • Both aspects fundamental to transformation of public services, and building confidence in IT.

3. Freedom of Information • Open Government – The Right to Know • Presumption of disclosure - unless good reason for confidentiality • 115,000 public bodies within FOIA • Culture change = Transformation • Transparency crucial to trust in government, accountability and democratic process • FOI serves as a reminder that governments serve the people, not vice-versa

4. Electronic Freedom of Information • FoI as a major driver for e-government • Records Management (EDRM) • Electronic Requests, Disclosures and Refusals • Disclosure Logs (disclosures for public at large) • Proactive disclosure • Web-site / Publication Scheme Compatibility • The information the public wants, at their fingertips • = Transforming public services

5. Data Protection - A top public concern • Preventing crime 88% • Improving education 84% • Protecting personal information 83% • NHS 83% • Equal rights 81% • Protecting freedom of speech 80% • National security 78% • Environmental issues 74%

6. Privacy Enhanced by Technology • Privacy and Technology not mutually exclusive. • Council on Science & Technology – Better use of personal information: opportunities & risks. • Trust is essential for the successful adoption of technology, and very expensive if lost. • ICO guidance on PETs to be published shortly.

7. RFID • Logistics • Medicine/food safety Multiple uses – some don’t involve personal Information: • Road Tolls • Passports/ID cards • Implanted in people? But some do:

8. Processing Personal Data – Risks • Costs of poor data quality & controls • Lack of security (“What Price Privacy?”) • Identity theft • Unacceptable volumes and detail of personal information, especially with major databases • Inaccuracy, loss of accountability • “Building bigger haystacks” • Risks of loss of public trust and confidence

9. Data Sharing – Difficult balances • “…integral to transforming services…… • ……..but privacy rights and public trust must be maintained” • Transformational Government - para 39(4) • More sharing driven by public policy or service delivery considerations

10. Information-sharing • Where sharing information is justified, necessary and proportionate, e.g. to protect those at risk, DPA is not a barrier • DPA provides a framework for sharing in a secure, lawful and reasonable way • Wide range of info sharing projects in place/underway. Privacy considerations should be built in to assure the public trust that will enable them to work.

11. Getting the balance right • Nature of information • Children at risk of abuse • DVLA / motor insurers • ESRC research into data-sharing • Public sector confusion and uncertainty • Too much or too little guidance? Wrong sort? • Need to focus on reasonable expectations, outcomes and illustrative examples , in preference to processes and procedures • Role of DPA Codes?

12. Surveillance Society • Corporate aim “Lead policy debate……… with particular emphasis on information sharing, identity management and the risks of a Surveillance Society” • Key project to bring together the privacy implications of the different technologies. • Will feed into the 28th International Conference of Data Protection and Privacy Commissioners.

13. More details... www.ico.gov.uk