Observations on the UK transformational government strategy relative to citizen data sharing and privacy

摘要

Purpose – One of the key aims of the UK's Transformational Government strategy is to create a “joined-up” government where communications within and between public organisations is improved by the use of information technology. Data sharing is a key enabler of “joined-up” government but the implementation of the strategy presents a series of risks. The purpose of this paper is to articulate and assess the nature of those risks in relation to violations of existing laws using the National Pupil Database (NPD) in England as a case study. Design/methodology/approach – The paper investigates examples of violations of EU law relating to rights to privacy of data sharing practices within the UK public sector using an interpretive approach to existing published information. The case of the NPD illustrates how certain identified data sharing practices contravene existing laws and exposes this aspect of the Transformational Government strategy to heightened risk of a legal challenge. Findings – Four examples of violations of existing EU laws on privacy are identified from an investigation into the NPD for schools in England. The analysis exposes the imbalance between the data sharing practices underpinning the Transformational Government strategy in the UK and the requirements for fulfilling privacy protection rights to citizens enshrined in EU law. The findings reveal that data sharing practices as a key enabler of the Transformational Government strategy risks violating existing laws designed to protect privacy. The UK government risks a legal challenge, the outcome of which may seriously undermine the prospects for achieving the stated aim of improving efficiency and effectiveness across the public sector. Research limitations/implications – The paper is largely restricted to the NPD for schools in England. The findings would be strengthened by expanding the research into other areas of the public sector where data sharing practices have been implemented. Originality/value – The findings are a significant and timely contribution to understanding the data sharing/privacy tension that ministers and legislators need to address. The work provides an insight into where weaknesses exist within current arrangements that is of value to policymakers, legislators, human rights advocates and government authorities at both central and local levels.