Consultation outcome

Consultation covering note and questions

Updated 1 March 2018

Ministerial foreword

The Digital Economy Act 2017 concluded its Parliamentary passage and received Royal Assent on 27 April 2017. Part 5 of the Act introduces new information sharing provisions to support the delivery of better public services. Data is essential to government to ensure citizens, businesses and charities have access to the support and services they need. Digital government provides us with the opportunities to do more. The best organisations turn the data they hold and generate into real-world insights, which feeds back into continuous improvement of services. By sharing information between public authorities we can offer better services that are tailored to the needs of people. We can reduce the need for citizens to provide the same information to different public authorities. Furthermore, we can drive more efficiency and be better equipped to identify and offer the right services to the right people at their point of need.

Though these new provisions provide exciting opportunities to transform public services, we need to ensure that they are exercised in ways that inspire the trust of citizens that the data will be held securely and used appropriately. Our measures are designed to give people the confidence that their data is protected and those who misuse it will be held to account. New criminal sanctions for unlawful disclosure will help ensure that personal data is only disclosed and used by specific bodies for specific purposes set out in legislation. Parliament has oversight of regulations and codes of practices. Furthermore, the Act requires the codes of practice to be consistent with certain codes of practice produced by the Information Commissioner’s Office.

These draft codes of practice published for public consultation set out the processes and safeguards governing the use of powers. They give detail on how the relevant powers should be used, including examples of best practice. We have set out requirements for transparency in the codes, so that citizens can easily understand what data is being shared and why.

The draft regulations propose specific objectives for which data can be shared under the public service delivery provisions and the specific bodies which can use these powers. The codes and regulations provide additional clarity around use of the data sharing powers, and to help ensure personal data is used proportionately and handled securely.

I am delighted to issue this public consultation on the Public Service Delivery, Debt and Fraud Code of Practice and regulations relating to Public Service Delivery. I also invite views on the Civil Registration Code of Practice, the Code of Practice and Accreditation Criteria for Research and the Statement of Principles and Code of Practice for changes to data systems in respect of statistics on behalf of the Registrar General and the Board of the UKSA respectively.

All responses will be welcomed and carefully considered.

The Rt Hon Damian Green MP

Scope of the consultation

Topic of this consultation

This consultation is on the following draft codes of practice and a statement of principles under Part 5 of the Digital Economy Act 2017:

• Public service delivery, debt and fraud
• Civil registration (England and Wales)
• Research (including accreditation criteria)
• Statistics (including code on changes to data systems and statement of principles about UKSA’s use of powers regarding access to information)

This consultation also covers draft regulations for the public service delivery provisions.

Scope of this consultation

This consultation seeks representations on the draft codes of practice, draft statement of principles, and draft regulations on public service delivery.

Geographical scope

UK-wide

Basic information

Representations are welcomed from civil society, the private sector, public authorities, as well as professional bodies, interest groups and the wider public.
Duration: 6 weeks, closing on 2 November 2017.

How to respond

We have set up an online tool for responses at: http://www.smartsurvey.co.uk/s/DBXV2/

Should you prefer to submit via e-mail, please send to: data-sharing@digital.cabinet-office.gov.uk

Alternatively, please send by post to:

Better Use of Data team
7th Floor, The White Chapel Building
Whitechapel High Street
London E1 8QS

Please indicate in your response whether you are content for it to be published, with or without attributing it to you or your organisation.

After the consultation

Following the consultation period, responses will be analysed and the draft codes, statement of principles and regulations will be revised as necessary. The Government will respond to the consultation and may make individual responses available. The regulations will then be laid before, and Codes and statement of principles presented to, Parliament for approval.

Background

The Government ran an open policy-making process for two years before producing draft clauses which would form Part 5 of the Digital Economy Bill. The open policy-making process involved working collaboratively with a wide range of bodies both within and outside the public sector including privacy groups and representatives from civil society. Draft clauses were published as part of the public consultation. We carefully considered responses and revised the policy and draft clauses as appropriate.

The draft Digital Economy Bill, including the revised clauses which formed Part 5, was published in July 2016. Draft codes of practice, a draft statement of principles and illustrative regulations were published in November 2016 to support the House of Commons Public Bill Committee’s consideration of the provisions.

Since publication of the draft codes of practice, statement of principles and regulations, work has been undertaken to reflect recommendations made by the Information Commissioner on transparency, and matters raised during Parliamentary briefings and debates on Part 5. We have also continued informal consultation with a range of interested groups to further improve the codes.

What are codes of practice?

These codes set out the processes and safeguards governing the use of the public service delivery, civil registration, debt, fraud, research, and statistics provisions in Part 5 of the Digital Economy Act 2017 by public authorities and specified persons. They give detail on how the relevant powers should be used, including examples of best practice. They are intended to provide additional clarity and to help ensure the highest standards of professionalism and compliance with these powers.

These codes are primarily intended to guide those public authorities and specified persons which are able to exercise powers under relevant chapters of Part 5 of the Digital Economy Act 2017. They also provide information and assurance to those whose information may be shared about how those arrangements will work.

Once issued, the codes of practice have statutory force and individuals disclosing and using data under the provisions to which the codes relate must have regard to them. Failure to have regard to a code may result in sanctions. These include, where applicable, public authorities no longer being allowed to disclose, receive or use information under the respective provisions.

Each code includes introductory material to explain its individual scope and the powers it relates to.

What is the statement of principles?

The statement of principles is a document setting out the principles that the UK Statistics Authority will have regard to when exercising the functions given under the Act to access information held by Crown bodies, other public authorities and undertakings; and the procedures the UK Statistics Authority will adopt when exercising those functions.

What are regulations?

Like many acts of Parliament, Part 5 of the Digital Economy Act 2017 sets out the framework and confers powers on the appropriate Minister to make more detailed regulations through statutory instruments. With the public service delivery provisions, regulations set out specified objectives for which information can be disclosed as social or economic issues emerge. The Delegated Powers and Regulatory Reform Committee made a number of recommendations during the parliamentary passage to make sure that the powers were suitably constrained. As a result these objectives will need to meet conditions set out in the Act, demonstrate a clear need and be used only by those bodies specified in a schedule.

The regulations can be used to amend the schedule of specified bodies able to disclose information under the public service delivery, debt and fraud powers. Devolved persons do not appear in the draft regulations. This is because ministers in the devolved administrations have powers to add persons for whom they have responsibility to the schedules by taking regulations through their legislatures. They may also specify objectives, which are devolved, for the public service delivery power.

Why are we consulting?

Under the Digital Economy Act 2017, we are required to issue certain codes of practice and a statement of principles about the exercise of provisions under Part 5 of the Act. The Act requires statutory consultation of certain named individuals and other persons as considered appropriate.

During the passage of the Bill, the Minister for the Digital Economy committed to running a public consultation on the codes of practices. The statutory consultation will be part of the wider public consultation. This will ensure as wide a range of views as possible is considered and factored into the final codes before they are presented to Parliament for approval.

The statutory consultation with the Department for Finance and the public consultation in Northern Ireland are taking place before the commencement of provisions which are devolved to Northern Ireland, as is permitted by the Act. Commencement of those provisions will depend on when agreement from Northern Ireland is obtained.

Annex A: consultation questions

Respond to the consultation.

To help us to ensure we have clear and effective codes of practice, statement of principles and regulations, we would be interested in your views on the following questions. If you have a particular interest in one of the codes, please mark other questions as N/A

Public Service Delivery, Fraud and Debt

We are seeking views on whether the Code of Practice is clear and easy to understand, and provides sufficient explanation of how information is shared under this power

Q1. Overall, do you find this Code of Practice clear and easy to understand?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q2. Does the Code explain clearly the process for sharing information under these powers?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q3. Is there anything which you think is missing from the Code or which requires greater detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

The Code includes a set of principles for sharing information under the Public Service Delivery, Debt and Fraud powers, together with certain requirements to ensure that information shared under these powers is handled in a way that is transparent and fair.

Q4. Are these the right principles for information sharing in the context of public service delivery, debt and fraud?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q5. Are the requirements for transparency under this Code appropriate and proportionate given the range of interests of those who use the powers and those who are interested in how they are used?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Civil Registration

We are seeking views on whether the Code of Practice is clear and easy to understand, and provides sufficient explanation of how information is shared under this power.

Q6. Overall, do you find this Code of Practice clear and easy to understand?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q7. Does the Code explain clearly the process for sharing information under these powers?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q8. Is there anything which you think is missing from the Code or which requires greater detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

The Code includes a set of principles for sharing information under these powers, together with certain requirements to ensure that information shared under these powers is handled in a way that is transparent and fair.

Q9. Do you agree that these are the right principles for information sharing in the context of civil registration?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Research Code of Practice and Accreditation Criteria

We are seeking views on whether the Code of Practice is clear and easy to understand, and provides sufficient explanation of how information is shared under this power.

Q10. Overall, do you find this Code of Practice and accreditation criteria clear and easy to understand?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q11. Do the Code and accreditation criteria explain clearly the principles by which information may be shared under these powers?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q12. Is there anything which you think is missing from the Code or accreditation criteria or which requires greater detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Statistics Statement of Principles and Code of Practice on changes to data systems

We are seeking views on whether the Statement of Principles and Code of Practice are clear and easy to understand, and provide sufficient explanation of how information is shared under this power.

Q13. Overall, do you find the Statement of Principles and Code of Practice clear and easy to understand?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q14. Do the Statement of Principles and Code explain clearly the principles by which the UK Statistics Authority will operate under these powers about access to information it has been given in the Act?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q15. Is there anything which you think is missing from the Statement of Principles or Code or which requires greater detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

The Digital Government (Disclosure of Information) Regulations 2017

We are seeking views on whether the four specified objectives are described clearly and in the right level of detail and on whether the persons permitted to share information for each objective are appropriately targeted.

Q16. Do you agree that the specified objective for multiple disadvantages has been described clearly and in the right level of detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q17. Do you agree that the specified objective for television retuning has been described clearly and in the right level of detail? + yes + no + not applicable

If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q18. Do you agree that the specified objective for fuel poverty has been described clearly and in the right level of detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q19. Do you agree that the specified objective for water poverty has been described clearly and in the right level of detail?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.

Q20. Are the lists of the specified persons able to share information under each specified objective appropriately targeted?

• yes
• no

• not applicable

  If you want to provide further comments to explain your answer, please do so below. Please limit your answer to 250 words.