How open is too open?

‘Open data’ is data that is freely available for anyone to use, modify or share. It is typically provided in a format that is easy to access, without any restrictions on its usage. The principles of open data include accessibility, transparency and reusability, which aim to foster innovation, transparency and public participation.

There is a growing movement advocating for open data in the UK, with initiatives such as the Open Data Institute promoting its use to drive innovation and economic growth. However, this movement also brings a growing tension between the need for strict regulations to protect privacy and the push for open data to drive advancements and stimulate growth.

Some considerations for open data providers

It is important to ensure that open data initiatives comply with data protection laws.

• From the outset, organisations should consider what the use cases of the data will be, what value it has and any risks that may be associated with processing it.
• Organisations must be certain of the legal basis they are relying on when processing personal data.
• Transparency should be provided to data subjects regarding their data (e.g. by ensuring that appropriate privacy notices are in place).
• Organisations must comply with the principles of data minimisation (i.e. only processing what is directly relevant and necessary for a specific purpose), accuracy, storage limitations, integrity  and confidentiality.

Navigating the balance between data protection and opportunity

The challenge lies in balancing the need for protecting data and the benefits that open data can provide. While data protection laws ensure the privacy and security of personal data, open data initiatives promote transparency and innovation. Navigating this balance means implementing strategies that protect individuals’ privacy while making data accessible for public use.

To manage this balance, strategies to protect individuals’ privacy while making data accessible for public use might include:

• Ensuring that personal data is anonymised or pseudonymised.
• Establishing clear agreements for data sharing that allow for public use while complying with data protection laws.
• Informing individuals about how their data will be used, and obtaining their consent where appropriate.