Law change gives Scrutiny more clarity on data protection

Home Affairs designed the changes to reduce the hurdle faced by States committees or boards when providing data to Scrutiny.

These new regulations allow for the personal data of individuals to be provided by committees to Scrutiny on the basis that the watchdog committee undertakes not to publish the data without the subject’s consent.

The new measures do not compel any committee to provide relevant personal information in un-redacted form, but does provide a clearer legal framework to support committees which choose to do so.

Home Affairs president Mary Lowe said her committee hoped the move would help smooth out the process.

‘The committee was aware of the difficulties committees could face in having to balance their efforts to be fully open with the need for due considerations about the disclosure of personal data of individuals who have not given their consent,’ she said.

‘This clearer legal framework will assist Scrutiny and other committees. We are happy to make these changes.’

Should Scrutiny gain more legally defined powers, it could remove the need for these latest regulations.

The regulations apply from now and can be applied to any current Scrutiny review.

This is likely to help with the review of the appointment of the head or curriculum and standards, which caused a major row last year. Data protection has been cited by Education as the reason information might have to be redacted before it could go to Scrutiny to carry out the review.