Source · Select Committees · Justice Committee
Recommendation 39
39
Accepted in Part
Paragraph: 154
Concern exists regarding perceived GDPR restrictions on data sharing for fraud prevention.
Recommendation
We are concerned to hear that there is a perception that legislation such as GDPR is preventing the sharing of information and intelligence across sectors where frauds were suspected. Data-sharing laws should not restrict the sharing of information for law enforcement purposes, or where this information could prevent a fraudster being able to move to a new bank or platform to continue their crimes.
Government Response Summary
The government is taking steps to support information sharing for economic crime prevention through the Data Protection and Digital Information Bill, which will provide greater assurance for sharing under GDPR, and the Economic Crime and Corporate Transparency Bill, which will enable easier sharing by disapplying civil liability. It continues to consider the SAO regime.
Paragraph Reference:
154
Government Response
Accepted in Part
HM Government
Accepted in Part
Sharing data is an important way to identify and disrupt fraudsters from exploiting platforms, services and people to commit their crimes. The Government is clear that this should be a priority for companies and organisations and encourages efforts in this space. The Government is taking two important steps to support information sharing to prevent economic crime. Firstly, GDPR establishes the prevention of fraud as a legitimate interest for sharing information. The DCMS-led Data Protection and Digital Information Bill will make it easier for businesses to share information under GDPR for the purposes of preventing economic crime, including fraud, by providing greater assurance around the lawful foundation a business has for sharing data. Secondly, Reforms in the Economic Crime and Corporate Transparency Bill will also enable businesses, in certain situations, to share information more easily for the purposes of preventing, investigating or detecting economic crime by disapplying civil liability for breaches of confidentiality for firms who share information to combat economic crime. The Government continues to consider the appropriate next steps for the Specified Anti-Fraud Organisation regime.