Public information handled in a "fog of confusion"

Laws and guidelines on data protection need to be clarified

Richard Thomas says his role should be replaced with a commission

The complex legal framework that governs data sharing practices in the public and private sector is leaving government and businesses in a "fog of confusion" , according to a government sponsored review.

The Data Sharing Review, authored by information commissioner Richard Thomas and Mark Walport, found that complex laws and guidelines mean those making decisions on data sharing don't know what is legally allowed.

"It is clear that the framework, as it stands, is deeply confusing and that many practitioners who make decisions on a daily basis about whether or not to share personal information do so in a climate of considerable uncertainty," said the report.

This uncertainty has a knock-on effect on the transparency of government operations.

People in an organisation often do not know who is responsible for data sharing, and the public are given little insight into who is using their information and how.

"High levels of accountability and transparency are vital to the way organisations handle and share personal information, yet these are all too often absent," said the report.

While the review does not oppose data sharing on principle, it emphasises the importance of proportionality.

The review makes a number of recommendations to make the decision making process on data sharing clearer and more transparent to the public:

• A fast-track legislative framework that will enable transparent parliamentary consideration as to whether bars on data sharing should be removed for particular purposes.
• Stronger inspection and audit powers and new funding arrangements for the Information Commissioner's Office as well as the power to impose larger fines.
• A Commission with a supporting executive team replace the single information commissioner.
• Clarification within an organisation of who is responsible for information and the publishing of clear guidelines.
• Better training for staff who handle personal data.