ICO consultation - Privacy Impact Assessment - data protection register: Difference between revisions

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===The ICO may be legally required to provide the full dataset in an accessible form on request===
===The ICO may be legally required to provide the full dataset in an accessible form on request===
Even under the present law however there is a strong argument that the ICO is required to make the full dataset available on request in the form of a database export.  A request for an export of the Register from a database is likely to include at least some 'new information' that is not already accessible to the applicant by other means.  The 'new information' could include for example information about the order in which records appear in the database, information about how the database is structured, information about when records were last updated an potentially information relating to formatting.   
Even under the present law however there is a strong argument that the ICO is required to make the full dataset available on request in the form of a database export.  A request for an export of the Register from a database is likely to include within its scope at least some 'new information' that is not already reasonably accessible to the applicant by other means.  The 'new information' could include for example information about the order in which records appear in the database, information about how the database is structured, information about when records were last updated an potentially information relating to formatting.   


Even if however the ICO is fully persuaded that there is no additional data whatsoever in database export, the ICO may nevertheless be legally required to release the information if it is deemed not to be reasonably accessible to the applicant by other means.
Even if however the ICO is fully persuaded that there is no additional data whatsoever in database export, the ICO may nevertheless be legally required to release the information if it is deemed not to be reasonably accessible to the applicant by other means.

Revision as of 08:58, 21 March 2011


ICO consultation - Privacy Impact Assessment - data protection register "The ICO is required by law to make the register available for inspection and does this via the ICO website. We are currently exploring the possibility of making the register available to be downloaded in its entirety, in a reusable format.

There will be a number of potential benefits from making this data available. For example, opening the data up will allow others to combine, analyse and gain new insights from it. The principles of open data have also been recently set out in the Protection of Freedoms Bill.

However, a number of entries on the register relate to individuals, such as sole traders, and there are therefore data protection considerations. For example, is it fair that data collected for a statutory purpose is made available in a form that could make it more widely available and usable?

We want your views on what the impact on individuals would be if the register was available to download as a dataset, in a re-usable format, in its entirety."


draft response

We would support the register of data controllers being made available as an easily reusable dataset. The register is public and can already be accessed online anywhere in the world and so there are no significant privacy issues associated with publishing the register in a more accessible format. It is true that the register includes individuals such as sole traders however the information is about these individuals in a business capacity or other official capacity as oppose to information related to activities carried out in a personal capacity.

One of the strengths of the Freedom of Information Act 2000 is that it gives people the right to request data in a preferred format and requires public authorities including the ICO to give effect to that preference where it is reasonably practical to do so. Unfortunately, if information has already been made available in one format requests for the same information in an alternative format are often refused using the Section 21 exemption ("Information accessible to applicant by other means"). Our view is that the law should be changed so that the Section 21 exemption does not apply where the data is not available to the public in the preferred format and it is reasonably practical for the public authority to provide the data in the preferred format. If the law was changed in this way the ICO there would be no doubt that the ICO would have to release the Register in a readily reusable format.

The ICO may be legally required to provide the full dataset in an accessible form on request

Even under the present law however there is a strong argument that the ICO is required to make the full dataset available on request in the form of a database export. A request for an export of the Register from a database is likely to include within its scope at least some 'new information' that is not already reasonably accessible to the applicant by other means. The 'new information' could include for example information about the order in which records appear in the database, information about how the database is structured, information about when records were last updated an potentially information relating to formatting.

Even if however the ICO is fully persuaded that there is no additional data whatsoever in database export, the ICO may nevertheless be legally required to release the information if it is deemed not to be reasonably accessible to the applicant by other means.