1. Data-Sharing and Governance Consultation ANALYSIS OF RESPONSES

2. Respondents  26 Written responses received from:  Private Citizens  State Agencies  Government Departments  Members of the Oireachtas  Rights Groups  Research Bodies  Solicitors  Industry Representative Bodies

3. Proposed Definition of Data-Sharing  1. The receiving body determining a need for data from the sending body to support or improve its business processes, perform a statutory function, or to provide evidence to support policy evaluation and development  2. The receiving body identifying an existing legal basis for the data- sharing, or creating a new one  3. The sending body agreeing to provide the data  4. Technical and legal details being agreed in writing – data protection restrictions, transmission channel, format, contents, security etc.  5. Generally, the receiving body will need to match the shared data with data it currently holds

4. Do you agree with the proposed definition of data-sharing?

5. If you do not agree, how do you believe the definition could be improved? - “Two or more” parties - Open Data concepts – e.g. “Open by design” - Governance led approach - Establish an interoperability community

6. What do you believe are the priority areas for data- sharing to contribute to improved public services?  Removal of Duplication  Evidence based evaluation of programmes  Better Governance Culture  Training of public service staff  Setting of information standards  Better access to services and information  Better use of spatial information, health information and educational information

7. Do you agree that more effective data-sharing can help drive public service reform?

8. Examples of suggested drivers for public sector reform  Sharing of education data to assess outcomes  Streamlining the provision of services to the public  Streamlining identification of individuals across service providers  Improved transparency to reduce need for FOI requests  Improved Data Governance strategies at Management Level  Reduce costs and increase revenues by removing Duplication and reducing fraud and error

9. Do you share the assessment that a new legislative framework for data- sharing is required?

10. What type of legislative reform is necessary?  Clarification of data retention issues  Wider access to anonymised records  Resolve Data-Sharing disputes between Public Service Bodies  Measures to create Accountability  Governance centred reform, with sharing based on existing law  Sanctions for poor Data Governance and Breaches  Establish requirement for Data Sharing Officers and Privacy Impact Assessment

11. what do you see as the main obstacles to data-sharing?  OBSTACLES  Institutional reluctance  Lack of resources (Financial, staff, technological)  Lack of institutional knowledge and training  Lack of enforced interoperability standards for data  Lack of accountability, Organisational asymmetry

12. Proposed solutions:  PROPOSED SOLUTIONS  Supervision and enforcement of sharing by central Departments/Agency  Link compliance to budget  Implement training and standardise data across different Bodies

13. Suggestions for public consideration, analysis and debate?  Consult with stakeholders in Public Sector, NGO Sector and Civil Society, Academia  Use of Public Forums to clarify the benefits of Public Service Data-Sharing  Circulate Heads of draft legislation  Use of online materials to provide information  Further Public Consultation

14. How far can the Bill go in providing the necessary powers to share data, while at the same time ensuring clarity around what exactly is permitted?  Set Protocols for sharing to create clarity  Purpose of sharing should be based in primary legislation  Data-sharing only for lawful and specified reasons  Engagement with a governing body beneficial  Address interoperability issues  Approval role for Data Protection Commissioner

15. Should both personal and sensitive personal data be covered by these provisions?

16. What other specific data-sharing arrangements should be considered?  Educational information  Public/Private exchanges (other than Personal Data)  Sharing of business data and crime data  Reform access to existing publicly available data sets  Infrastructure Data, Ordnance Survey, Transport, BER Ratings

17. Should "Trusted Third Parties" be Included in the Bill?

18. Should there be provisions relating to "anonymised" data?

19. Do you agree that “The problem [of data governance] is therefore primarily one of better implementation, rather than an absence of legislation.”?

20. Should the Data Protection Commissioner have a role in monitoring and reporting on compliance with these governance provisions?

21. In what circumstances should a Department be able to “opt out” of the transparency requirement for a particular data-sharing arrangement?  Never – transparency should be absolute  When connected to the investigation of Crime or National Security  When necessary to protect sensitive data  When approved by a Data Governance Supervisor  “Commercial Confidentiality” should not be allowed as a ground for excluding reporting and transparency  When approved by the Data Protection Commissioner

22. Should new governance and transparency arrangements apply to all existing data-sharing arrangements, not just new ones?

23. Is the base register concept a useful one?

24. What other base registers could usefully be defined?  Registers chould be approved by Data Governance Supervisor  Educational Qualifications and Awards  Eircodes  Legal Judgments  Vehicle Registration  Geospatial information, Addresses and Eircodes  Health Identifiers  Identification Management  National Infrastructure

25. Next steps  Publication of consultation responses on Department of Public Expenditure and Reform Website  Preparation of General Scheme  Drafting of Data-Sharing and Governance Bill  Further engagement with stakeholders and public