DATA ACCESS/DISCLOSURE ISSUES (ScotStat 3/04)
Introduction
At the ScotStat board meeting in June 2003 it was agreed that the ScotStat Board Support Group (SBSG) would consider the Board's priority issue of disclosure and access to data. This had been identified by Board members following some concern that these issues were growing in importance, and that lack of access/sharing is causing problems in the understanding of relationships and trends within Scotland.
The SBSG was asked to initiate this work by carrying out a study, to identify the main obstacles experienced by SE Statisticians to gaining access to, and sharing Scottish data.
Issues for Discussion
The Board is asked to comment on the results of the survey, and in the light of the guidance being released by the Department for Constitutional Affairs (DfCA), to consider whether any further work is required to increase access to data for Scotland e.g.;
- Promoting the DfCA Guidance on the Law and ensuring a general awareness, possibly following work by the SBSG to summarize main points
- Pursuing any remaining barriers to access/release (including issues for Scotland not covered by DfCA guidance)
Background and discussion
While the DfCA released a set of guidance outlining the law on data sharing (see Annex B attached - 59 pages), it is clear from a small survey of statisticians within the Scottish Executive (see Annex A), and from reports of experiences by others within and outwith the Executive, that there are still significant problems in gaining access to the full range of Scottish statistics/data collected by Government Departments. Some of this might be due to a lack of understanding about what is possible within the law, and some is simply a lack of time (or in some cases, will) to explore the range of possibilities for aggregation etc to allow release of data.
The main issues identified by the survey which caused barriers to data sharing, were as follows;
- No permission had been obtained, at the data collection stage, to share with other parties
- The requested level of aggregation would lead to disclosure, either directly, or by subtraction from previously supplied data.
The other important point was that where access to data was currently granted to, or by Scottish Executive statisticians, this was often based on personalities, mutual trust and understanding. Clearly this is helpful as far as it goes, but is not a robust basis on which to ensure long term access rights etc.
For each of the above, it should be possible to generate advice on best practice when conducting surveys, and when producing non-disclosive results, which would improve the current position.
The DfCA guidance states that 'there is no inherent incompatibility between the increasingly ambitious scope of public authority service delivery and the legal and administrative conditions that have to be met in order to share data to help achieve that goal.' It further asserts that 'this guidance will enable public sector bodies to understand that data sharing can take place in a way that helps deliver the better services that we all want, while still respecting people's legitimate expectations about the privacy and confidentiality of their personal information.'
Despite the report's attempt to provide guidance on these issues, it is a weighty, and fairly inaccessible document, which is written mainly with reference to the law of England and Wales, some of which applies to Scotland. It might be helpful if the SBSG was to distil the report into the key points, and to attempt to identify any outstanding issues for Scotland. It might be that legal expertise is required here - and any offer of assistance from members of the Board would be welcomed. This summary could incorporate the advice on best practice suggested above.
SCOTTISH EXECUTIVE DECEMBER 2003
Annex A - Questionnaire
A survey of statisticians (C1 and above) at the Scottish Executive was designed to obtain experiences of situations where data sharing requests had been refused or delayed.
The questionnaire consisted of two questions - one for the situation where the statistician is acquiring data, and the other where the statistician is disseminating data.
Question 1
In your branch in the last year, have you had difficulty in acquiring data central to delivering your statistical plan, where the main reason has been concerns that the release of data would breach data disclosure guidelines or not comply with the law?
Question 2
In your branch in the last year, have you had difficulty in publishing or disseminating information, including dealing with data requests, that are central to the needs of your customers, where the main reason has been concerns that the release of data would breach data disclosure guidelines or not comply with the law?
Results
The questionnaire was sent to all statisticians and above (grade C1 and above) at the Scottish Executive and General Register Office for Scotland in early November 2003.
Question 1
Most respondents had no experiences of having difficulty in acquiring data. Of those that had experienced difficulties, the most common reason was that the holders of the data had no permission to share it with other parties, including the Scottish Executive.
Question 2
Most of the respondents had experiences where they were unable to share data with others because of fears of disclosure. In many cases the problem was overcome by supplying the data at higher levels of aggregation or a higher level of geography. In other cases, no agreement to share data outwith the original purpose was obtained, or agreements not to release data at specific levels existed.
Conclusion
The two main problems associated with data sharing requests seem to be:
- No permission was obtained at the data collection stage to share with other parties
- The requested level of aggregation would lead to disclosure, either directly, or by subtraction from previously supplied data.
Other comments made by the respondents indicate that common sense and trust between the parties involved can often result in more data sharing between parties.