My Lords, officials in the Information Commissioner’s Office have reviewed the department’s plans for how data sharing will operate and are reassured that we are committed to developing a reasonable and proportionate system. In addition, they have confirmed that, as currently drafted, they can see nothing that is likely to cause concern, and they will continue to work with us as we move towards implementation and beyond.
Clause 119 does not provide any new data collection powers nor introduce any additional databases. It simply changes the partners with whom information is shared. The information is both for operational purposes and analysis, and it will help to secure appropriate training, which was one of the concerns expressed by the noble Baroness, Lady Verma.
Introducing consent as a precondition of this data sharing would result in agencies having incomplete data for planning and funding purposes. It would also add enormously to the costs. We have been assured by the Information Commissioner that we are doing nothing that undermines individual liberties. All agencies will, as now, operate in accordance with the provisions of the Data Protection Act, which contains the necessary safeguards. In addition, there will be a specific data-sharing protocol, developed in consultation with the Information Commissioner, covering what and how sharing of information will take place between these agencies. As is already required by the Data Protection Act, all information gathered from learners will operate under a fair processing notice, setting out for learners who will see their information and why. Under current arrangements, where appropriate—for example in relation to the learner being contacted for surveys—the learner’s consent is sought. This will continue under the new arrangements.
I also want to answer the question about transfer of information on young offenders. I am assured that they are covered by Part 2. If we have not picked up every aspect of the concern of the noble Lord, Lord Lucas, we will respond in writing. That should also address the concern of the noble Lord, Lord Ramsbotham. With those assurances, I hope that the amendment can be withdrawn.
Apprenticeships, Skills, Children and Learning Bill
Proceeding contribution from
Lord Young of Norwood Green
(Labour)
in the House of Lords on Thursday, 15 October 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Apprenticeships, Skills, Children and Learning Bill.
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Proceeding contribution
Reference
713 c354 
Session
2008-09
Chamber / Committee
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