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The Digital Directorate of the Scottish Government has set out a series of guidelines for the ethical use of data by the country’s public sector.
It has published a report on the issue based on a public dialogue exercise carried out with Research Data Scotland and UK Research and Innovation’s Sciencewise programme.
This examined the ethics of different data led projects and involved a series of public panel meetings addressing the question of what guidelines the public sector should follow when using citizens’ data.
The report says the key findings included that the panel were generally trusting of the public sector’s use of data, but that it should have a clearly defined purpose and scope and is only acceptable if there is a clear public benefit.
There was also an awareness of the importance of good quality data, that the context in which it is being used – especially if it is for an emergency – is significant, that there should be an independent body to oversee decisions on its use and that the public has a role to play in shaping how it is used.
Importance of purpose
In response, the Digital Directorate has set out a number of ethical guidelines, including that there is a need to manage the purpose of using data, with a clearly agreed justification, ensuring it is not used outside the scope of consent given and that is not shared beyond the agreed organisations.
Along with these is that the data should not be used solely for profit by private sector organisations.
A second priority is to ensure transparency through steps such as making clear which data is being used and for what purpose, stating which organisations will have access and specifying how long the data will be stored before deletion. These come with ensuring the public can easily access information about the project.
Third is the need to ensure data is used for the benefit of the public through making sure this is clearly defined, considering how benefits outweigh risks, and considering any negative impacts.
There should also be accountability through clearly documenting the processes, developing a hierarchical organisation chart for each stage of a project, seeking approval and oversight from an independent panel on whether a project should go ahead, and consulting with members of the public on the acceptability of the use of data.
Standards and urgency
Measures around data quality include establishing a standard, holding data securely for an agreed period after a project to allow for quality checking, determining who can access the data.
Finally, there should be a consideration of the urgency of a project with some flexibility in the guidelines in emergency situations.
The directorate has also emphasised the value of a public panel for reviewing and providing feedback on data led projects.
“Overall, it was felt that members of the public could provide a balance to the views of subject matter experts and data specialists, potentially offering new ideas or alternative issues to inform future data use and wider policy,” the report says.
“If the data in question had originated from members of the public, it was seen as only fair and transparent for the public to have a say in how those data would ultimately be used.”