Information Commissioner consults on updated code of practice for data sharing

The Information Commissioner’s Office has launched a consultation on an updated code of practice for data sharing.

The ICO said the updated draft code of practice would explain and advise on changes to data protection legislation where these changes are relevant to data sharing.

“It will address many aspects of the new legislation including transparency, lawful bases for processing, the new accountability principle and the requirement to record processing activities,” the watchdog said.

The draft code also provides good practice for public authorities to help them share data in a compliant and proportionate way.

Before drafting the code, the Information Commissioner launched a call for views in August 2018, seeking input from people and various organisations such as trade associations and those representing the interests of individuals. You can view a summary of the responses and some of the individual responses on the ICO's website.

The consultation on the updated draft code will remain open until Monday, 9 September 2019.

The updated code of practice covers:

  • Data sharing covered by the code
  • Deciding to share data
  • Data sharing agreements
  • Data protection principles
  • Accountability
  • Lawful basis for sharing personal data
  • Fairness and transparency in data sharing
  • Security
  • The rights of individuals
  • Other legal requirements
  • Law Enforcement Processing: Part 3 DPA
  • Due diligence when sharing data following mergers and acquisitions
  • Sharing personal data in databases and lists
  • Data sharing and children
  • Data sharing in an urgent situation or in an emergency
  • Data sharing across the public sector: the Digital Economy Act codes
  • Data ethics and data trusts
  • Enforcement of the code

It also includes annexes covering: data sharing checklists; template data sharing request and decision forms; data protection principles; and case studies.