Question to the Cabinet Office:

To ask His Majesty's Government, further to the Written Answer by Baroness Neville-Rolfe on 2 March (HL5901), and the Written Statement by Baroness Neville-Rolfe on 23 May (HLWS788), whether the sharing of identity information in bulk would be lawful under the text of the statutory instrument as consulted on; and whether, and if so where, the published consultation response confirms whether changes have been made to prohibit bulk sharing following the consultation.

The statutory instrument, as consulted on, is an enabling instrument that will make it easier for people to prove who they are when accessing government services online. The draft regulations only allow specified public bodies to share data when an individual chooses to prove their identity online in order to access public services digitally.

As a specified objective under section 35 of the Digital Economy Act 2017 (the Act), the data sharing power would sit within the tightly constrained data sharing framework of the Act. Data sharing must be carried out with regard to the Act’s Code of Practice (the Code), which has been approved by Parliament. Any public body sharing information under Chapters 1, 3 and 4 of Part 5 of the Digital Economy Act 2017 is required to have regard to this Code when doing so.

Under the Code's data sharing principles, public bodies sharing information under the powers are required to minimise the amount of data shared, and ensure this is the minimum required for the purpose of achieving the specified objective, using methods which avoid unnecessarily sharing or copying of large amounts of personal information. Failure to have regard to the Code can result in a public authority or organisation losing the ability to disclose, receive and use information under the powers.

Due to the carefully defined data sharing power set out in the statutory instrument, and the rigorous data protection safeguards in place under the Act and Code, no changes have been made to the draft statutory instrument regarding “bulk sharing”.