Policy

The Data Protection and Digital Information Bill Autumn 2023

(1) Legal Opinion from Stephen Cragg KC. [download as pdf]

(2) Defend Digital Me briefing to accompany KC opinion by Stephen Cragg KC. [download as pdf] and DPDI Briefing Letter as audio [download DPDI Bill DDM letter 12122023 audio version].

(3) The accompanying blog and background to the KC Opinion and Briefing prepared for the Report Stage, 29 November 2023.

(4) Defend Digital Me is calling for the Data Protection and Digital Information Bill to be withdrawn. In March 2023, Defend Digital Me, as part of a coalition of 25 further civil society organisations,
already wrote to the Secretary of State for Science, Innovation and Technology, Michelle Donelan MP, calling for the Data Protection and Digital Information (DPDI) Bill to be dropped. We reiterated this ask in October 2023 with DCMS Minister John Whittingdale.

 

The [previous version] Data Protection and Digital Information Bill (No.2) 2023

Defend Digital Me Second Reading Briefing | Data Protection and Digital Information Bill (2) v1.5 16/4/2023.pdf

The problem with new definition of personal data in the Bill (Dr. Chris Pounder) “Definition of “personal data” in DPDI No 2 Bill results in non-compliance with CoE Convention No.108.”

Bill page https://bills.parliament.uk/bills/3430

 

References and background for the Bill debate: updated Autumn 2023

(1) Defend Digital Me EdTech and pupil data Briefing: November 2023 (WIP) v.1.9

(2) Our latest backgrounder on the National Pupil Database. [NPD Briefing November 2023 v4.0, 859 kB]

(3) House of Lords short debate Educational Technology Vol. 834 November 23, 2023 [view transcript Hansard html] [view parliamentary TV from 16:00]

(4) Research report: The Words We Use in Data Policy: Putting People Back in the Picture (2021) online and available to download as .pdf

(5) Our further reports on Artificial Intelligence, Biometrics, Encryption, National UK Data policy and children are all on our research page.

(6) 2018 findings from an informal DDM survey from 35 schools ICT staff [download .pdf]

(7) EXTERNAL 2017: The Global Privacy Enforcement Network’s 2017 GPEN Sweep Report on Online Educational Services

(8) EXTERNAL: 2018 Resolution on e-learning platforms. (40 th International Conference of Data Protection and Privacy Commissioners, October 2018).

(9) EXTERNAL 2020: ICO Executive summary of the 2020 audit of the Department for Education

(10) EXTERNAL 2022 House of Lords Children’s Private Information: Data Protection Law Volume 826: debated on Monday 12 December 2022

(11) EXTERNAL 2023: Global Privacy Assemby (global Data Protection Supervisory Authorities) Resolution on Generative Artificial Intelligence Systems

The Data Protection and Digital Information Bill (2) 2022

The Data Protection and Digital Information Bill  [Bill 143 2022-23] was introduced in the House of Commons on 18 July 2022. The Bill is scheduled to have its second reading on 5 September 2022.

Our briefing for Second Reading v1.5 (September 3, 2022) [download .pdf]


Our vision for the UK Education and Digital Rights Act 2030

  • The State of Data Report 2020 [link] October 2020
  • Link to high level summary proposals [download .pdf 2.2MB] November 2019

Education data and Legislation

(As relates to The Prevent Programme and children’s data transfers) The Counter Terrorism and Border Security Act 2019

The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (000/2019)

  • defenddigitalme briefing [download .pdf 1.4MB] May 14, 2019
  • Debate House of Commons: draft Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019. (May 15, 2019) See written text in Hansard.
  • Government response to questions from the Secondary Legislation Scrutiny Committee [link]
  • Secondary Legislation Scrutiny Committee 49th Report [link]
  • The Draft Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 [link]
  • Key affected legislation
    • The 2009 Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations [link]
    • The 1996 Education Act (s537) [link]
    • The 2017 Digital Economy Act [link]
  • 2018 Letter from the the UK Statistics Authority Director General for Regulation, recommending a Data Protection Risk Assessment. [link]
  • May 30, 2019: NPD Data Protection Impact Assessment Summary (published by DfE FOI on Via WhatDoTheyKnow.com) [link]
  • HESA data collection [link]

The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018

  • Notes released via FOI on the decision making between the DfE and the receiving bodies between November 2017 and March 2018 [released via FOI in September 2018] [download .pdf 1.1MB]
  • July 2018, Motion of Regret Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 [link]
  • July 2, 2018, First Delegated Legislation Committee — watch the session here. See written text in Hansard.
  • defenddigitalme briefing for the First Delegated Legislation Committee Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 (SI 2018, No. 607) [download .pdf 149 kB]
  • defenddigitalme letter to the Secondary Legislation Scrutiny Committee [download .pdf 366 kB]
  • February 2017 Three bills and education data: The Technical and Further Education Bill, Higher Education and Research Bill and Digital Economy Bill [download .pdf 121 kB]

Data Protection Bill 2017-19 and GDPR

The final version of the GDPR, available on the European Commission website: 2018 reform of EU data protection rules


The Higher Education and Research Act 2017, The Technical and Further Education Act 2017, The Digital Economy Act 2017

  • February 2017 Three bills and education data: The Technical and Further Education Bill, Higher Education and Research Bill and Digital Economy Bill [download .pdf 121 kB]

State of Data 2018: Rights and Responsibilities in Education in England and GDPR


List of parliamentary questions

Our list of relevant Parliamentary Questions and Answers on the collection and uses of national pupil data as found on the Parliamentary website.


Wales student database – OCT 2017 [Statutory Instrument 807/2017 (W.214)]

  • Students in Wales have had their rights to privacy impinged by this change in law. Their personal data can be shared with third parties, including the Student Loans Company, without consent.
  • The Education (Student Information) (Wales) Regulations 2017 No. 886 (W. 214) [link]
  • Short background and questions [1-page download .pdf 178kB]
  • Letter to the Constitutional and Legislative Affairs Committee, National Assembly for Wales [download, .pdf 304 KB]

Wales workforce data and third party sharing – OCT 2017 – [Statutory Instrument 940/2017 (W. 233)]

  • Teaching workforce in Wales have had their rights to privacy impinged by this change in law. Their personal data can be shared with third parties, including their National Insurance details, without consent.
  • Letter to the National Assembly for Wales [download, pdf 143kB]
  • National Assembly for Wales consultation and committee page [link]

Briefing on School Governor nationality data collection


On child health data linkage


External public correspondence

September 2019 update from the UK Statistics Authority to defenddigitalme [download]
March 2018: reply from the UK Statistics Authority to defenddigitalme [download] and to the Department for Education [download]
November 2017
Letter to the UK Statistics Authority
February 2017 reply from Ed Humpherson at the UK Statistics Authority [download]
January 2017
Letter to the Scrutiny Committee regards use of HMRC data for mailshots to 15-17 yr olds [download]
December 2016 Letter to the UK Statistics Authority
April 2016
Letter from the Director General for Regulation, the UK Statistics Authority


Article 13 Copyright Directive

Opposition to proposal for the first obligatory EU internet filter. Letter to MEPs September 2018 [download .pdf 54kB]


Conference Paper and slides

Data for Policy conference, Cambridge, September 2016: When the chips come out: Is our public research infrastructure fit for the future? .pdf 191kb]


Our Consultation Responses can be found here.


Research references

Bodycameras collaboration between the University of Cambridge, RAND Europe [link]