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“Information Policy Update”
November 2010
Belinda Lewis
Head of Information Policy Division
Ministry of Justice
Information Directorate
Building our knowledge and information capability
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Coalition Government Priorities
“The Government believes that we need
to throw open the doors of public bodies,
to enable the public to hold politicians
and public bodies to account.”
“We will create a new ‘right to data’
so that government-held datasets can be
requested and used by
the public, and then published on a
regular basis.”
“We will extend the scope of the
Freedom of Information Act
to provide greater transparency.”
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Transparency Agenda
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Policy Developments since May 2010
• Extension of the FOI Act to academies
• Academies Act
• “Converting” academies from September 2010
• Existing academies from January 2011
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FOI requests for Central Government
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FOI requests for Central Government
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Forthcoming Policy Developments
• Considering a range of options to meet Coalition Agreement
• Extension of the FOI Act to additional bodies
• Appropriate protection for genuinely sensitive information
• Impact of FOI developments
• Announcement to be made in due course
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Data Protection: Review of the Directive
Oct 1995
Creation of The EU Data
Protection Directive
(95/46/EC).
July 1998
‘Data Protection Act 1998’
(DPA) transposes 95/46/EC
into UK law.
May 2009
RAND Review analyses
strengths and weaknesses of
the Directive. Concludes that
as it stands, the Directive will
not suffice in the long term.
March 2010
European Commission VicePresident, Viviane Reding,
announces intention to
produce “…a legislative
proposal reforming the
Directive before the end of
the year”.
July 2010
Ministry of Justice launches
Call for Evidence on the
current Data Protection
Legislative Framework.
Background
Advances in
Technology
Changes in
the European
Landscape
Globalisation
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The UK’s Position
Why does the Government support a review of
the Directive?
Post
Implementation
Review
Balance
Clarity over
the
application of
key principles
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The Ministry of Justice’s Role
 Which areas of the act work well?
 How does the Act apply in ‘the real world’?
 What parts could be improved?
Call for
Evidence –
Written
Responses
 Series of focused workshops with stakeholders
from the public and private sectors.
 Opportunity for Data Controllers and Data
Subjects’ Rights Representatives to voice
concerns.
 What are the costs and benefits of the Data
Protection Act 1998 (DPA)?
 Is the Act working as intended?
 Has the Act had any additional unforeseen
impacts?
Call for
Evidence Stakeholder
Consultation
Post
Implementation
Review
UK Negotiating
Position
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Call for Evidence: Early Indications
Obligations
of Data
Controllers
Data
Subjects’
Rights
International
Transfers
Powers &
Penalties of
the ICO
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Next Steps
Deadline for
submitting Call for
Evidence responses
Development of UK
negotiating position
By 31 December
2010
6 October
2010
2011 - 2012
2011
Call for Evidence
Response published
Post Implementation
Review (PIR) Impact
Assessment
published
EU Negotiations over
new instrument
expected to commence
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The End
Questions?
Belinda Lewis
Head of Information Policy Division
Ministry of Justice