Following a year-long review, the commission – which makes recommendations on law reform – said there was little knowledge and understanding among public bodies on the circumstances under which they could disclose information, to whom and for what purpose.
Nicholas Paines QC, law commissioner for public law said: ‘Our work has identified widespread misunderstanding and confusion about the statutory framework for data sharing and its relationship with data protection, human rights and the common law.
‘A thorough analysis of law and practice, and reforms to modernise, simplify and clarify the provisions that permit and control data sharing are needed to restore confidence and the bodies that provide public services and the citizens that use them.’
The law around data sharing has evolved in an ad hoc and piecemeal way, which has often compounded inconsistencies, the commission said. There are also issues for Scotland and Northern Ireland, which have their own Law Commissions, so reform efforts need to be co-ordinated and pan-UK.
As well as providing clarification and simplicity, any reform would need to response to emerging European law, advances in data management technology and privacy concerns.
