A disaster waiting to happen: the proposed Children's Act database
14 December 2006
The Independent Schools Council (ISC) is to deliver today a scathing critique of the Government's proposed Children's Act Database. The proposal is for an Index containing details of every child in England, including name, gender, address, plus details of carer, school, GP, and any of a number of 'professionals' dealing with the child. The database will be accessible by more than 330,000 people. Claims that it will be "secure" are unsupported by any published evidence.
Commenting on the proposals, ISC General Secretary Jonathan Shephard said: "There is every reason to have a secure, properly functioning database of children identified as being at risk. There is no reason at all for an insecure universal database containing personal details of every child. The proposals will undoubtedly benefit some children, but they will put far more children at risk." He adds: "Children in independent and state schools come from all backgrounds and share the same problems. Our response is sent on behalf of all children, including children not in the education system".
The Government has emphasised in its consultation the benefits of the proposed Index. However, ISC has identified three serious areas of risk, and is urging the Government to delay putting the Regulations before Parliament for the following reasons:
Security:
There is no evidence that the database will meet internationally accepted standards for data security. Everyone recognises that databases can be hacked into, and their information bought and sold. Risks of misuse of data by hackers or illegal purchasers are severe. Normal Data Protection Act safeguards are being overridden, with many items of sensitive information on the database - accessible to hundreds of thousands of licensed users. ISC urges the Government to publish an independent expert assessment of whether the system as currently specified can be secured to internationally accepted standards for such a vast, accessible and sensitive database.
Interference with family life and privacy:
On the Government's own figures, more than 70% of children will never benefit from the database. There is no logical or principled case for a database containing details of the majority of children not at risk. The proposals ignore the right to privacy and family life under the European Convention on Human Rights (EHCR), and the Government's statement that the proposals comply with the ECHR is doubtful.
Child protection and well-being:
ISC is concerned that, for most children, far from improving their wellbeing, the database will jeopardise their safety and welfare by entering them into a system where:
- false assumptions may be made about their lives and needs due to wrong interpretations of the information held, because the information may be inaccurate or misleading. Any large database will contain large numbers of errors, and the proposed database will carry the same likelihood of error;
- their personal information is available to 330,000 professionals and to anyone from the wider public prepared to pay for it. The risks of inappropriate use of information are very grave; and children (and their parents) may be deterred from seeking medical and other help because confidentiality is not secure;
- professionals responsible for protecting vulnerable children may be unable to focus limited resources on protecting the children most at risk because a universal database does not adequately distinguish which children are at risk.
"These proposals are likely to endanger children in each of the five Every Child Matters areas - be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic wellbeing", ISC General Secretary, Jonathan Shephard added today.
"We urge the Government not to pass these Regulations as they stand. Our concern is that the database could put a generation of children and young people at risk. An unnecessary and insecure system, which this is likely to be, will fail expensively, will fail publicly, and, most importantly, will fail the children it was designed to protect."
Notes to editors
- The Independent Schools Council (ISC) exists to promote choice, diversity and excellence in education; the development of talent at all levels of ability; and the widening of opportunity for children from all backgrounds to achieve their potential. ISC represents the seven leading independent schools associations in the UK, collectively educating 500,000 children in 1,285 schools in the UK and overseas.
- ISC's legal and regulatory affairs manager, Sophie Wall, discusses the implications of the index in an article in the most recent ISC bulletin. The article can be viewed on page 19 of the following document:
http://www.isc.co.uk/Uploads/Image/ISC%20Bulletin%2019.pdf
The draft regulations:
http://www.dfes.gov.uk/consultations/conDetails.cfm?consultationId=1431
The Foundation for Information Policy Research report which also criticises the proposals:
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/fi pr%20report.pdf
Every Child Matters website:
http://www.everychildmatters.gov.uk/