Draft Research Code of Practice and Draft Accreditation Criteria
Draft Statistics Statement of Principles and Draft Code of Practice on Changes to Data Systems
(Limited Text - Ministerial Extracts only)
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The Minister for Digital and the Creative Industries (Margot James)
I beg to move,
That the Committee has considered the draft Research Code of Practice and Draft Accreditation Criteria.
The Chair
With this it will be convenient to consider the draft Statistics Statement of Principles and draft Code of Practice on Changes to Data Systems.
Margot James
It is a pleasure to serve for the first time under your chairmanship, Mr Davies. For the data sharing powers under part 5 of the Digital Economy Act 2017 to become operational, the requisite codes of practice accompanying each power must be approved by Parliament. Chapter 5 of part 5 of the Act enables information held by a public authority in connection with the authority’s functions to be shared with another person for the purposes of research, subject to a number of conditions. One of those conditions is that the persons involved and the research being carried out is accredited by the UK Statistics Authority, referred to as the Statistics Board in the Act.
The Act requires the UK Statistics Authority to issue a code of practice about the disclosure, processing and handling of information under that power, as well as a set of accreditation criteria. That is to provide clarity and transparency about how the research power in chapter 5 will operate. The research power is intended to facilitate researchers having safe and secure access to data held by public authorities for accredited research purposes in the public interest. The framework in chapter 5 is designed to help to position the UK at the forefront of the international research landscape, ensuring that the economic and social benefits associated with research are more easily realised.
The code of practice clearly sets out the principles to which those people disclosing, processing or accessing data must pay regard when performing the functions for which they are accredited, to ensure that those making use of the power understand the expectations and requirements in terms of how information will be handled. The accreditation criteria set out in detail the conditions that must be met by processors, researchers and their projects before accreditation will be granted.
Chapter 7 of part 5 of the Digital Economy Act amends the Statistics and Registration Service Act 2007 to provide the UK Statistics Authority and its executive office—the Office for National Statistics—with new powers, designed to facilitate greater and more efficient access to a range of data sources held within the public and private sectors. That is intended to support ongoing improvements in the quality, relevance and timeliness of official statistics in a changing world.
The Act requires the UK Statistics Authority to prepare a statement of principles and procedures, setting out how the authority will operate the powers. That is supplemented by a code of practice containing guidance for public authorities when making changes to their data systems when they supply data to the authority to support the production of official statistics.
As with other data sharing codes of practice in part 5 of the Digital Economy Act, both the research code and the statistics statement have been drafted to be compliant with the Data Protection Act 2018. Likewise, we worked with other Government Departments, the devolved Administrations, the Information Commissioner’s Office, research organisations and civil society groups with an interest in privacy to develop the research code and accreditation criteria, and the statistics statement and code of practice on changes to data systems.
The statistics and research documents were subject to a six-week public consultation. Responses indicated that they were welcomed as clear and easy to understand. It is worth noting the comments of Sir Andrew Dilnot, former chair of the UK Statistics Authority, who so clearly articulated the benefits of the statistics and research provisions in the Digital Economy Act. Sir Andrew said that the legislation
“represents a unique opportunity to deliver the transformation of UK statistics…delivering significant efficiencies and savings for individuals, households and businesses. Decision makers need accurate and timely data to make informed decisions, in particular about the allocation of public resource.”
He said that the legislation
“would deliver better statistics and statistical research to help Britain make better decisions.”
The codes of practice and statement of principles will help to realise those honourable and important ambitions, and I commend them to the Committee.
Mike Gapes
I am grateful for that information. I was not aware of that, but it adds to my knowledge.
Principle 7 on retention and onward disclosure states that the pre-processed data will be retained “for a limited time”, but that can then be extended. It is not clear how often it can be extended or whether there could be indefinite extensions. I want to know whether at those extension points a premium would be charged to the organisations that retained that data in order to continue to use it for years to come.
The various documentation is copious and I do not intend to delay the Committee unnecessarily, but I have one other question on the statistics statement of principles. Many organisations collect data. Every time I go into Sainsbury’s or Tesco and pay with my card, they seem to have collected information about what I have bought. When they send me their points, they send me vouchers to buy the things I normally buy to encourage me to go back to their store with that data. No doubt the data is very interesting and useful, but it could be very useful to the Government.
If bodies and institutions that are part of the Government—public sector organisations—must make data available to the UK Statistics Authority, why should there not be an obligation on private sector organisations, commercial companies and retailers to make data available? That would be very interesting. For example, if the Department of Health and Social Care could analyse the consumption patterns of a cohort of people by age and location, we might be able better to target our anti-obesity initiatives for healthy eating. We could make a judgment about the size of packets or whether orders of a product would be useful for the data within the Department of Health and Social Care.
I am not clear whether such obligations will apply to the private sector. From reading the codes superficially, it seems that they will not. I would be grateful to know whether there is a plan to think about that. We want joined-up government. Private sector organisations are able to exploit public data, but surely the public should be able to make use of it for the benefit of citizens as a whole and for the public good. Data will increasingly be a public good. Whether it is held by the Government or by private companies or individuals, it could be important in improving health, extending life expectancy and giving people better life chances. It should be made available in a timely manner, as my right hon. Friend the Member for Birmingham, Hodge Hill pointed out, to the Government when they are making decisions. I hope the Minister will address those points.
Margot James
I thank the right hon. Member for Birmingham, Hodge Hill and the hon. Member for Ilford South for their questions and comments.
The hon. Member for Ilford South expressed concerns about the use of publicly acquired data by private organisations for commercial gain. He rightly pointed out that much of the data collected, particularly in the national health service, was not collected with the intention of realising commercial gain. I assure him that, under these codes, only statisticians and accredited researchers whose projects are intended for the public good will have access to information held by the UK Statistics Authority. Individuals, households and businesses are never identifiable in any of the statistical output. That is a fundamental principle of international statistics management and we intend to adhere to it strictly, as we always have. I further assure him that, under the Data Protection Act 2018, there are significant penalties for anyone or any organisation that seeks to re-identify data that has previously been de-identified.
There are no plans to compel private organisations and companies to make public data that they have collected about the consumer behaviour that the hon. Gentleman cited as an example. There are protections in place because those organisations must comply with data protection legislation in the processing, collection and management of data. I hope that reassures him.
Mike Gapes
I asked whether there would be commercial gain from the use of this data, and if so whether we would expect the public sector to benefit from the commercial companies that use data generated by public bodies.
Margot James
The hon. Gentleman asks me to look to the future more that I am able to do. To reiterate what I said, all data that emanates from publicly funded research must be used for the benefit of the public good. That may in time also produce a commercial return, but it would have to be for the public good.
In the deal between DeepMind, a private sector company, and Moorfields Eye hospital, a national health organisation—they have come together in a joint venture—the data is being used with AI to improve diagnosis and treatment patterns at the hospital. The connection between commercial gain and the public interest is being well managed in that example, and strict rules will be in place to ensure that any further such commercial endeavours using public data will be similarly managed under an ethical framework.
That leads me neatly to the remarks and questions of the shadow Minister, the right hon. Member for Birmingham, Hodge Hill. I share his optimism that real-time data will hugely benefit public decision making and I am sorry if I downplayed that significant advantage in my opening remarks. I certainly believe that that will be immensely valuable, and that it is underpinned by the codes of practice we are discussing.
We are in the process of establishing the Centre for Data Ethics and Innovation. A chair has been appointed, other board members will be appointed during the summer and its remit is available for public comment. In its embryonic form, it is working with the UK Statistics Authority to ensure seamless communication between the two bodies in future. I agree with the shadow Minister that that is important.
The shadow Minister talked about the ethical principles that must continue to underpin the use of data sourced in the way that the UK Statistics Authority manages. The use of data must have clear benefits to the users and serve the public good. Where individuals are concerned, identity is protected. Information must be kept confidential and secure, and consent will have been considered appropriately. Data used, and methods employed, are consistent with legal requirements such as the Data Protection Act, the Human Rights Act 1998, the Statistics and Registration Service Act and the common law duty of confidence. The access, use and sharing of data must be transparent and communicated clearly, and accessibility for the general public must be protected.
Liam Byrne
I am grateful to learn that there is a seamless channel of communication between the Centre for Data Ethics and Innovation and the UK Statistics Authority, but that was not the question I asked. I asked how the guidelines are going to be revised as the Centre for Data Ethics and Innovation pronounces new judgments. It is not for the Centre for Data Ethics and Innovation and the UK Statistics Authority to sort something out between themselves; it is for this House to set out the principles by which both organisations act.
Margot James
The right hon. Gentleman is right—he did ask that question. The UK Statistics Authority will continue to keep these principles, and documentation underpinning these principles, under close review. That will include the work of the Centre for Data Ethics and Innovation as it evolves. The future review of these principles and the codes underpinning them will be subject to scrutiny of both Houses of Parliament under the negative procedure.
Question put and agreed to.
Draft Statistics Statement of Principles and Draft Code of Practice on Changes to Data Systems
Resolved,
That the Committee has considered the draft Statistics Statement of Principles and draft Code of Practice on Changes to Data Systems.—(Margot James.)