Legal and Policy frameworks for data access Paul Jackson Legal Services Office for National Statistics

2 Significant changes Recognition that using data is an economic, social, and democratic stimulus.

3 FreeOurData.org "Give us back our crown jewels - Guardian, March The taxpayer pays to create the data, then has to pay to use the data.

4 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.

5 1st Prime Ministers letter Greater transparency across Government - 31 May 2010 COINS released Contracts and salaries published Legislation to effect a Right to Data A Transparency Board to-government-departments-on-opening-up-data-51204

6 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 government-licence.htm

7 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 _en_15.htm#pt6-pb1-l1g98

8 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

9 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 Ministers Letter due today

10 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 Open Government Licence Privacy Review UNCLASSIFIED

11 Lets 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.

12 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.

13 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

14 ONS responsibility 22Statistical 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

15 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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17 Secure Data Service and VML are/our-services/unpublished- data/business-data/vml/index.html

18 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.

19 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.

20 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.

21 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.

22 Thank You