Goodbye Data Protection, Hello Data-Sharing Debacle

Jack Straw’s controversial Coroners and Justice Bill is currently in Committee over at ye olde House of Commons. Whilst a lot of the Bill seems entirely worthy – figuring prominently is the creation of a new ‘Charter for the Bereaved’ to better guide the inquest process as well as additional support for victims and vulnerable witnesses of crime – Clause 152 concerning the sharing of personal data across the civil service and beyond is causing much gnashing of teeth.

In developments which echo the erosion of data protection rights across in Canada (see my ‘Crazy Canucks’ blog of 20 February), Clause 152 of the Coroners and Justice Bill stands to give the Government free reign to access and share with any person or organisation it deems fit any data which furthers ‘existing government policy’ and ‘serves the public interest.’

And at whose sole discretion will data sharing orders be issued? Government ministers – without any judicial review. So long as the data is ‘relevant’ to a stated Government policy, then it’s fair game in the new scheme of things. That’s assuming, of course, that there is a stated policy and/or that the Government doesn’t simply amend policy on the spot to suit particular circumstances.

David Howarth (LD), Tim Boswell (Con) and David Kidney (Lab) all raised concerns over Clause 152 in a Public Bill Committee meeting last Thursday, as has former home secretary, David Blunkett. Mark Walport and Richard Thomas have also added their voices to the growing chorus of disapproval – particularly as Clause 152 erodes not only the Data Protection Act, but contravenes the data-sharing principles outlined in their laudable 2008 report.

I think everyone shares the hope that Westminster is being ever-vigilant in protecting us against terrorism. But using a legislative sledgehammer to crack a walnut doesn’t exactly seem like a wise or proportionate response.

A case of Yes, Minister? Paraphrasing Nancy Reagan, to Jack Straw and Clause 152, I for one say a very big NO.