Coroners and Justice Bill

[Mary Hawking]

>http://www.publications.parliament.uk/pa/cm200809/cmbills/009/09009.100-
>106.html#j22_005
>
>This seems a bit risky,  unless I'm missing some limitations on its 
>scope, it appears to allow any legislation to be altered to any end, 
>and for the creation of arbitrary offences.
>
>Quite apart from what section proposes to do on its face (gut the Data 
>Protection Act),  what limits the scope of changes that this bill can 
>cause?

Not sure - but it is supposed to relate to databases..
I'd agree - if this one passes, future blanket authorisations to change 
previous legislation, negate common law and create offences with 
significant penalties on ministerial diktat are likely to become 
routine.

The background appears to be a determination to realise the commercial 
and research value of the NHS cradle-to-grave record
The Cooksey report (commissioned by the Treasury)
http://www.hm-treasury.gov.uk/cooksey_review_index.htm
was followed by the Data Sharing Review led by Mark Walport of the 
Welcome Trust - well known for his view that researchers have a divine 
right for access to NHS medical records: in effect, to GP records. Who 
else has the records available electronically?
http://www.justice.gov.uk/reviews/datasharing-intro.htm

This report is quoted in the Explanatory Notes to the Coroners and 
Justice Bill - but I do not see how the conclusions stated on the 
Department of Justice website are related to the sweeping abolition of 
the Data Protection Act, common law and duties of confidentiality lead 
to paragraphs 151 to 154.

The review's final report concludes that:

     * there is a lack of transparency and accountability in the way 
organisations deal with personal information
     * there is confusion surrounding the Data Protection Act, 
particularly the way it interacts with other strands of law
     * greater use could be made of the ability to share personal data 
safely, particularly in the field of research and statistical analysis
     * the Information Commissioner needs more effective powers, and the 
resources to allow him to use them properly.

Interesting that there are no safeguards in the Bill for onward sharing 
of database information: how *did* the details of learner drivers end up 
in Omaha - which would seem to contravene the DPA's ruling that personal 
information may not be transferred to countries with inadequate 
protection - such as USA?

*Should* this type of legislation be placed into an unrelated Bill with 
sufficient problems earlier in the Bill to ensure that there will be 
little or no time for debate?

Mary Hawking
DOI - GP



-- 
Mary Hawking