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Data sharing between public bodies - a scoping report (Paperback)
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Data sharing between public bodies - a scoping report (Paperback)
Series: House of Commons Papers, 2014-15 505
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Public bodies report that they cannot always share the data they
need to share and, as a result, miss out on opportunities to
provide better services to citizens. At the same time, the
protection of privacy is fundamental to any data sharing regime.
The law surrounding data sharing is complex. Powers to share data
are scattered across a very large number of statutes and may be set
out expressly or implied. In addition, there are common law powers.
In this scoping project the Law Commission considered the following
questions: are there hurdles to effective data sharing between
public bodies (including private bodies engaged in public service
delivery)?; Are those hurdles inappropriate?; How far do problems
in data sharing stem from the law?; How far do problems in data
sharing stem from other causes, such as a lack of training or
guidance, organisational incentives and disincentives?; Would law
reform solve or mitigate the problems? The Commission recommends
that a full law reform project should be carried out in order to
create a principled and clear legal structure for data sharing,
which will meet the needs of society. The scope of the review
should extend beyond data sharing between public bodies to the
disclosure of information between public bodies and other
organisations carrying out public functions.
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