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Consultation on possible changes of use of personal data held on the GB Poultry Register

Poultry Register Consultation (PRC)
Defra
Area 609
1A Page Street
London, SW1P 4PQ

Email: PRC@defra.gsi.gov.uk

13 November 2007

Dear Consultee,

Consultation on possible changes of use of personal data held on the GB Poultry Register

1.         I am writing to invite views on possible future uses of data, including personal data, held on the GB Poultry Register (GBPR) with a view to make better use of this valuable resource which will benefit our stakeholders. By personal data we mean any recorded information that relates to a living individual which is set out in such a way that the individual could be identified from that information, either on its own or in combination with other information the person processing the data has, or is likely to have. This could include home/business address, telephone number or stocking information which would enable an individual to be identified. Details are set out in the Data Protection Act 1998 1 .  This is in contrast to aggregated data which does not reveal the identities of individuals or their premises.

2.         The following documents can be found on Defra’s website at: www.defra.gov.uk/corporate/consult/poultry-register07/index.htm

  • A copy of this letter
  • Consultation document  (including Annexes covering glossary of terms used,  current users of GBPR personal data, current Data Protection Statement, details about the Civil Contingency Act (Category 1 and 2 Responders) and a reply pro-forma).
  • List of consultees.  This comprises the organisations consulted including representative trade organisations. In addition, this letter has been sent to poultry keepers, owners and occupiers of poultry premises on the GBPR whose details are not listed.
  • Press release

3.         If you do not have your own internet connection most public libraries have these facilities which would enable you to access the details. Alternatively, if you wish to obtain a paper copy of this consultation, please contact:

Poultry Register Consultation (PRC)
Department for Environment, Food and Rural Affairs
Area 609
1A Page Street
London, SW1P 4PQ

Email: PRC@defra.gsi.gov.uk

4.         It is possible that you may receive more than one copy of this letter.  This is because it is being sent to keepers, owners and occupiers recorded on the Register and in some instances this is the same person. We have tried to reduce the likelihood of duplicate postings but if it does occur please accept our apologies.

5.         We would welcome your views and comments on the proposals which should be received by Tuesday 5 February 2008.

Background

6.         In December 2005 the Great Britain Poultry Register (GBPR) was established in response to an increased threat of an outbreak of highly pathogenic avian influenza.  It was a considerable investment both in terms of staff and stakeholder time and IT development costs.  The GBPR has the potential to be an important tool for the prevention and control of many poultry diseases, however the uses to which it has so far been put have been largely limited to the prevention and control of avian influenza.  We have used aggregated data from the register, which does not reveal the identities of individuals or their premises, for various statistical purposes.  Although we hold details on the GBPR, because of the current restrictions on use of personal data we have had to spend considerable time and resources gathering information in other ways, when it was needed for purposes other than avian influenza.

7.         We would now like to explore whether the personal data on the GBPR could be used more widely, to improve the service that we can offer to poultry keepers while continuing to ensure that it is kept secure and used lawfully. Use of this data for other purposes will benefit both government and farmers as it will allow better joined up working and will reduce the need to ask for the same data on numerous occasions. This is in the spirit of service transformation set out in the Varney report (http://www.hm-treasury.gov.uk/pre_budget_report/prebud_pbr06/press_notices/prebud_pbr06_pressvarney.cfm).

8.         We wish to hear your views about the principle of using (and sharing) personal data held on the GBPR for additional purposes. In this consultation we  have a range of scenarios describing how it might  be used beyond the prevention and control of avian influenza alone. We hope you will reply setting out your thoughts on the scenarios so that we can gauge reactions and decide the best way to move towards better sharing and use of the data. We accept that some of the areas we have identified are likely to be less palatable to you than others.  However, unless we ask the questions and receive your reply we will not have evidence on which to base any future developments concerning the use of the data.

9.         To aid your reply we have listed the questions associated with the possible uses we have identified and provided tick boxes for your answers in Annex E  of the consultation document. The completed Annex E can be detached and returned to Defra. If you wish to add comments to expand your reply, please do so on an additional sheet of paper, remembering to add your name and address. This document covers England and Wales. Scotland is taking forward issues regarding the use of GBPR data separately and Northern Ireland operates its own poultry register.

10.       At the end of the consultation process all the comments and views that have been received will be assessed and consideration will be given about whether or not a revised Data Protection Statement, in respect of the GB Poultry Register, would be appropriate at this time.

11.       The consultation document makes reference to Defra’s executive agencies and to Non Departmental Public Bodies (NDPBs)( in Wales - Assembly Government Sponsored bodies). We thought it might be helpful to explain the difference between these organisations here.

 a)        A Defra executive agency is a body such as  Animal Health  (formerly the State Veterinary Service) or the Veterinary Laboratories Agency  which has been established without legislation, such as an Act of Parliament. Staff employed in this type of Agency are responsible to the Secretary of State in the same way as an official working in Defra. They are not legally distinct from Defra.

b)         A Non Departmental Public Body (NDPB) is a separate legal entity and does not have the same responsibilities to the Secretary of State. For example, the Environment Agency is a NDPB and was established in law by the Environment Act 1995.

12.       We are also taking this opportunity to let you know that  the responsibility for operating and maintaining the GB Poultry Register is transferring from Defra (the Data processor for England, Scotland and Wales) to Animal Health . You may be aware that  Animal Health  has a Business Reform Programme underway which will improve the way in which it works and interacts with customers.  We are aware that many poultry keepers also keep other livestock species and so are already registered with the Animal Health  for cattle, sheep or pigs and so one of the scenarios set out in this consultation allows livestock keepers to register all their species (including poultry) as part of the same transaction.  More information on the Business Reform Programme is available in the Animal Health Corporate Plan on their website at: www.defra.gov.uk/animalhealth/about-us/publications/index.htm

13.       I hope that you will find the time to help us develop our thinking on the issues raised in the consultation document.

How to respond

14.       Replies to the consultation need to be received no later than Tuesday, 5 February 2008 and should be addressed to:

Poultry Register Consultation (PRC)
Department for Environment, Food and Rural Affairs
Area 609,
1A Page Street
London, SW1P 4PQ

Email: PRC@defra.gsi.gov.uk

Confidentiality statement

15        In line with Defra and WAG’s  policy of openness, at the end of the consultation period, copies of the responses we receive may be made publicly available.

16.       On this occasion it is not our intention to publish the name, address and contact details of poultry keepers, poultry owners or occupiers of poultry premises who are replying in a personal capacity.

However, this needs to be clearly indicated on the first page of the reply document at Annex E of the consultation paper so we can correctly analyse responses and draw meaningful conclusions. All other details supplied in Annex E will be copied and made publicly available. In addition, we shall publish all supplementary comments that are not in Annex E.

 17.      We shall publish the details of all other respondents to this consultation (including poultry organisations and members of the public), in line with our usual practice. Details may be obtained through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR. A summary of responses will also be published.

18.       If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in email responses will not be treated as such a request. You should also be aware that there may be circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.

19.       The Information Resource Centre will supply copies of consultation responses to personal callers or in response to telephone or email requests (tel: 020 7238 6575, email: defra.library@defra.gsi.gov.uk). Wherever possible, personal callers should give the library at least 24 hours’ notice of their requirements. An administrative charge will be made to cover photocopying and postage costs.

20.       If you have any comments or complaints about the consultation process, as opposed to the content in the consultation paper, please address them to Marjorie Addo, Defra’s Consultation Co-ordinator, Area 7C, Nobel House, 17 Smith Square, London SW1P 3JR or email: consultation.coordinator@defra.gsi.gov.uk

Yours sincerely

Ruth Lysons
Poultry Register Consultation Team
Department for Environment, Food and Rural Affairs


1 “personal data” means data which relate to a living individual who can be identified—
(a) from those data, or
(b)from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,
and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;

Page published: 13 November 2007

Department for Environment, Food and Rural Affairs