legal and policy frameworks for data access paul jackson legal services office for national...
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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.
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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