National Pupil Data: Data MOUs and Data Sharing Arrangements

Jen Persson made this Freedom of Information request to Department for Education Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear Department for Education,

under the terms of the Freedom of Information Act (FOIA), please provide the following information, with regard to DfE external third-party data shares supported by MOU or data sharing agreements as of October 29, 2024 for pupil and staff data controlled or jointly controlled by the Department for Education or its arms length bodies.

For example, but not limited to, these listed below, please confirm that they exist or not, and provide a copy of the current, active agreement. Where more than one active arrangement exists please provide them all:

1) the Home Office or UKVI with regard to data sharing for the purposes of the Home Office including for example furthering the Hostile Environment, or eligibility checking for free school meals or pupil premium;
2) the Department for Work and Pensions (DWP);
3) the Ministry of Justice (MoJ);
4) His Majesty's Revenue and Customs (HMRC) including application DS00638;
5) any other government department;
6) the Welsh Government's Education & Public Services;
7) police or criminal investigation authorities;

and

A copy of these 15 applications submitted for DSAP approval

1. R0043 RSM
2. R0042 KPMG
3. DS00752 DWP
4. DS00194 University of Chester
5. DS00444 University of Nottingham
6. DS00628 SearchSmartly Limited
7. DS00565 Local Authorities
8. DS00696 UCL
9. DS00763 LSE commissioned by Home Office and Youth Endowment Fund
10. DS00804 Home Office
11. DS00689 Home Office
12. DS00912 SchoolDash Limited
13. DS00928 Alkemygold Ltd (known as Alps)
14. DS00959 NHS England
15. DS00363 Great Ormond Street Hospital

Thank you for your consideration.
Sincerely,

Jen Persson

ACCOUNT, Unmonitored, Department for Education

Dear Jen Persson 

Thank you for your recent enquiry which was received on 29/10/2024 05:57 .

A reply will be sent to you as soon as possible and this should be within
20 working days, as you are requesting information under the Freedom of
Information Act 2000.

Your correspondence has been allocated reference number 2024-0035481 .

Yours sincerely

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

ACCOUNT, Unmonitored, Department for Education

Thank you for your request for information, which was received on 29
October 2024. You requested:

 

Dear Department for Education,

 

Under the terms of the Freedom of Information Act (FOIA), please provide
the following information, with regard to DfE external third-party data
shares supported by MOU or data sharing agreements as of October 29, 2024
for pupil and staff data controlled or jointly controlled by the
Department for Education or its arms length bodies.

 

For example, but not limited to, these listed below, please confirm that
they exist or not, and provide a copy of the current, active agreement.
Where more than one active arrangement exists please provide them all:

 

1) the Home Office or UKVI with regard to data sharing for the purposes of
the Home Office including for example furthering the Hostile Environment,
or eligibility checking for free school meals or pupil premium;

2) the Department for Work and Pensions (DWP);

3) the Ministry of Justice (MoJ);

4) His Majesty's Revenue and Customs (HMRC) including application DS00638;

5) any other government department;

6) the Welsh Government's Education & Public Services;

7) police or criminal investigation authorities;

 

and

 

A copy of these 15 applications submitted for DSAP approval

 

1. R0043 RSM

2. R0042 KPMG

3. DS00752  DWP

4. DS00194 University of Chester

5. DS00444 University of Nottingham

6. DS00628 SearchSmartly Limited

7. DS00565 Local Authorities

8. DS00696 UCL

9. DS00763 LSE commissioned by Home Office and Youth Endowment Fund

10. DS00804 Home Office

11. DS00689 Home Office

12. DS00912 SchoolDash Limited

13. DS00928 Alkemygold Ltd (known as Alps)

14. DS00959 NHS England

15. DS00363 Great Ormond Street Hospital

 

Thank you for your consideration.

Sincerely,

 

Jen Persson

 

I am dealing with your request under the Freedom of Information Act 2000. 

 

In order to identify and locate the information that you have asked for, I
require some further information from you to help clarify certain aspects
of your request which are not clear. In particular, it would be useful if
you could clarify the following points:

 

• The first sentence of your request suggests the information being
requested is with regards to external third-party data shares of pupil
and workforce data and this is followed up with the second sentence
which suggests that the information requested should include, but is
not limited to, requests from the 7 organisations listed.

 

Clarification Request 1 – Does the above mean that you are requesting
the agreements for all (c.500) live DfE third party data shares
included in the publication you reference (irrespective of the
organisation) or is it only shares involving the 7 organisations
listed?

 

• Included in the list of organisations you would like your request to
cover, you have included as option 5 any other government department.
It is not clear whether the reference to other government department
will only covers references to Ministerial Departments or other
organisations involved in the running of government (including non
ministerial departments as well as agencies and other public bodies).
For information on departments, agencies and other public bodies is
available on [1]GOV.UK.

 

Clarification Request 2 - Depending on your answer to clarification
request 1, and whether or not you are requesting information for all
live DfE data shares or only the 7 organisations listed, can you
confirm what you are defining as a government department and whether
that only includes ministerial departments (including the Prime
Ministers Office) or extends to non-ministerial departments and/or
other public bodies?

 

• You have requested information on data shares controlled or jointly
controlled by DfE and its Arms Length Bodies. Typically an Arm's
Length Body (ALB) is an overarching term for bodies which have a role
in the process of national government but is not a government
department. Included in the definition of an ALB are: 

• Executive Agencies - these are legally part of the Department
and, in an education context, are: Education and Skills Funding
Agency (ESFA), Standards and Testing Agency (STA); and Teaching
Regulation agency; 
• Executive Non-Departmental Public Bodies – these are not legally
part of the Department and in an education context include, but
are not limited to, organisations like: Office for Students
(OfS); Office of the Children’s Commissioner; Student Loans
Company (SLC); Institute for Apprenticeships and Technical
Education (IfATE); Construction Industry Training Board (CITB)
• Advisory Non-Departmental Public Bodies - these are not legally
part of the Department and in an education context covers the
School Teachers Review Body (STRB)
• Non-Ministerial Departments – these are not legally part of the
Department and in an education context include Ofqual and Ofsted.

 

Clarification Request 3 - Can you confirm whether you are requesting
shares of data controlled by DfE and/or all of its ALBs (including
organisations which are independent of DfE where the Department have no
involvement in the governance of their data sharing and processing) or are
you only requesting data shares for which DfE are legally accountable and
govern (this would be all shares by DfE and its three Executive Agencies)?

 

If you have any queries about this letter, please contact me via the DfE
[2]contact form on GOV.UK. Please remember to quote the reference number
2024-0035481] in any future communications.

 

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter.  Your complaint will be considered by
an independent review panel, which were not involved in the original
consideration of your request.   

 

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner’s Office. 

 

Yours sincerely

 

Gary Connell on behalf of the DfE Data Sharing Service

 

 

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://form.education.gov.uk/service/Co...

Dear Department for Education,

In follow up to your request for clarification and given that you state even the first grouping would be over 500 agreements, please provide only any live agreements as of the date of the request for only those organisations named and the listed (numbered) agreements with the DfE.

Where more than one active agreement exists please provide them all:

Any of the 24 departments as listed online at https://www.gov.uk/government/organisati... plus Ofqual, Ofsted, and the Office for National Statistics.

7) Police or criminal investigation authorities;

and

A copy of these 15 applications submitted for DSAP approval

1. R0043 RSM

2. R0042 KPMG

3. DS00752 DWP

4. DS00194 University of Chester

5. DS00444 University of Nottingham

6. DS00628 SearchSmartly Limited

7. DS00565 Local Authorities

8. DS00696 UCL

9. DS00763 LSE commissioned by Home Office and Youth Endowment Fund

10. DS00804 Home Office

11. DS00689 Home Office

12. DS00912 SchoolDash Limited

13. DS00928 Alkemygold Ltd (known as Alps)

14. DS00959 NHS England

15. DS00363 Great Ormond Street Hospital

Thank you for your consideration.

Sincerely,
Jen Persson

ACCOUNT, Unmonitored, Department for Education

Dear  Jen Persson 

Thank you for your recent enquiry which was received on 21/11/2024.

A reply will be sent to you as soon as possible and this should be within
20 working days, as you are requesting information under the Freedom of
Information Act 2000.

Your correspondence has been allocated reference number 2024-0038528.

Yours sincerely

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

ACCOUNT, Unmonitored, Department for Education

Thank you for your request for information, which was first received on 29
October 2024 and then clarified on 21 November 2024. You requested:

[ORIGINAL REQUEST]

Under the terms of the Freedom of Information Act (FOIA), please provide
the following information, with regard to DfE external third-party data
shares supported by MOU or data sharing agreements as of October 29, 2024
for pupil and staff data controlled or jointly controlled by the
Department for Education or its arms length bodies.

For example, but not limited to, these listed below, please confirm that
they exist or not, and provide a copy of the current, active agreement.
Where more than one active arrangement exists please provide them all:
 
1) the Home Office or UKVI with regard to data sharing for the purposes of
the Home Office including for example furthering the Hostile Environment,
or eligibility checking for free school meals or pupil premium;
2) the Department for Work and Pensions (DWP);
3) the Ministry of Justice (MoJ);
4) His Majesty's Revenue and Customs (HMRC) including application DS00638;
5) any other government department;
6) the Welsh Government's Education & Public Services;
7) police or criminal investigation authorities;
 
and
 
A copy of these 15 applications submitted for DSAP approval:
 
1. R0043 RSM
2. R0042 KPMG
3. DS00752  DWP
4. DS00194 University of Chester
5. DS00444 University of Nottingham
6. DS00628 SearchSmartly Limited
7. DS00565 Local Authorities
8. DS00696 UCL
9. DS00763 LSE commissioned by Home Office and Youth Endowment Fund
10. DS00804 Home Office
11. DS00689 Home Office
12. DS00912 SchoolDash Limited
13. DS00928 Alkemygold Ltd (known as Alps)
14. DS00959 NHS England
15. DS00363 Great Ormond Street Hospital

[REQUEST CLARIFICATION]

Following a request for clarification sent by the Department, you
confirmed on 21 November that the scope of data sharing agreements you
were requesting in the first part of the request related to:

• any of the 24 ministerial departments listed at
[1]https://www.gov.uk/government/organisati...
• Ofqual,
• Ofsted,
• the Office for National Statistics.
• Police or criminal investigation authorities;

I have dealt with your request under the Freedom of Information Act 2000
(the Act).

I can confirm that we hold the information you have requested, but that
the department will not be complying with your request. Having given your
request careful consideration, we believe the exemption under section 14
of the Act applies. This is because, after some initial considerations, we
believe much of the information in scope of the request is likely to be
exempt from disclosure under sections 31(1)(2) (“law enforcement”),
35(1)(a) (“formulation of government policy”) and section 40(2) (“personal
data”) of the Act. Given the number of requests in scope of your request
(50 data sharing agreements and 15 data sharing applications), we believe
this would put an unreasonable strain on the Department’s time and
resources to assess and redact information covered by these exemptions in
preparation for release.

Section 31 of the Act, which applies where complying with the request
would prejudice or would be likely to prejudice various law enforcement
purposes, will likely apply to subset of the 50 data sharing agreements
you have requested (including agreements you have requested previously
under FOI 2023-0033523 where this exemption has been applied). Section
31(1)(2) of the Act is a qualified exemption which means that a public
interest test needs to be carried out for all of the relevant agreements
against the information in scope of the exemption.

The 15 applications submitted to the DfE Data Sharing Approval Panel
(DSAP) will also likely need to be considered for release under section
35(1)(a) of the Act which allows for the withholding of information if it
relates to the formulation or development of government policy. In
applying section 35(1)(a), the Act requires that the Department balances
the public interest in withholding the information to support the
efficient operation, and decision-making powers, of DSAP against the
public interest in disclosing the information.

All of the documentation in scope of this request is likely to include
personal data. Personal data is that which relates to a living individual
who can be identified from that data, or from that data and other
information which is likely to be in, or to come into, the possession of
the requestor. Disclosure of this information would contravene a number of
data protection principles and would be regarded as ‘unfair’. By that, we
mean the likely expectations of the data subject that his or her
information would not be disclosed to others and the effect which
disclosure would have on the data subject. Section 40(2) is an absolute
exemption and is not subject to the public interest test.

As part of the Department’s commitment to transparency we publish details
of [2]all organisations we have shared personal data with alongside a
short description of the project. By filtering on the information already
made public via this publication, you will find 50 data sharing agreements
in scope of the first part of your request in addition to the 15 DSAP
applications included in the second part of your request. Therefore, to
comply fully with your request, we will be required to individually review
each piece of documentation in scope of the request and carry out public
interest tests on each to identify and redact information under sections
31(1)(2), 35(1)(a), and 40(2) of the Act. Based on the time taken to
redact a small sample of responses, we estimate that to handle this
request for all information which has been requested would be over
burdensome.

Therefore, given the quantity of information in scope, we consider that to
undertake the full request would put unreasonable strain on the
Department’s time and resources. On this occasion, the department has
reached the decision that we will not be responding to this request
because, under s14(2) of the Act, a public authority does not need to
comply with a request if it is considered vexatious (burden). Therefore,
the department has no obligation to comply with section 1(1) of the Act in
this case. Section 14 of the Act provides for information to be exempt
from disclosure where the request for information is ‘vexatious’ due to
the considerable burden that will be placed upon resources in order to do
so. The Department considers that your request is vexatious because the
effort required to meet the request will be so grossly oppressive in terms
of the strain on its time and resources, that it cannot reasonably be
expected to comply. I would like to stress that this decision relates to
the cost of the work and the diversion of resources that would be required
to undertake your request, and that the Department does not consider you
to be personally vexatious in any way.

We would be willing to consider another request from you for a
significantly narrower / reduced scope of information, subject to the
considerations set out above.

I understand that this decision will be disappointing. However, we would
like to remind you about the information the Department already puts into
the public domain concerning each data share approved by DSAP. This
includes details of the data which is shared, the way it is shared and
what it can be used for. This publication is updated quarterly and is
available from the link below:

[3]DfE external data shares - GOV.UK

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter.  Your complaint will be considered by
an independent review panel, who were not involved in the original
consideration of your request. 

Yours sincerely

Gary Connell
DfE, Head of Data Ownership and Data Sharing
 

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/government/publicatio...
3. https://www.gov.uk/government/publicatio...

Dear Department for Education,
Please pass this on to the person who conducts Freedom of Information reviews. Thank you for your response to my FOI request first received on 29 October 2024 and then clarified on 21 November 2024 and refused in entirety on December 19, 2024. I am writing to request review and reconsideration of the Department for Education's response to my FOI request 'National Pupil Data: Data MOUs and Data Sharing Arrangements' as discussed with Gary Connell, Head of Data Ownership and Data Sharing to whom I responded on December 20, 2024 and email correspondence that concluded yesterday (20th January).

A full history of my FOI request is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

I note your reliance on section 14 due to the volume of information that the FOI would produce, your expected redaction time required, and the potential application of exemptions under sections 31(1)(2), 35(1)(a), and 40(2).

However, I believe the request might have been more appropriately rejected under section 12, as costs of compliance burden appear to be the principal reason for refusal. As the ICO advises:
“…if the public authority’s principal reason (and especially where it is the sole reason) for wishing to reject the request concerns the projected costs of compliance, then as a matter of good practice serious consideration should be given to applying section 12 rather than section 14…” (Craven v The Information Commissioner and the Department of Energy and Climate Change [2012] UKUT 442 (AAC)).

Response to Specific Prior Concerns

Section 31 (Law Enforcement): I understand some agreements may raise concerns regarding the information that must be refused and redacted for use by law enforcement. However, exemptions must be applied individually, and given the public interest, disclosure of recent data-sharing agreements relating to major government policies is essential for transparency.

Section 35 (Policy Formulation): While the exemption is qualified, recent debate in the House of Lords on the Data (Use and Access) Bill (18 December 2024) mentioned these data sharing agreements specifically (see Hansard: https://hansard.parliament.uk/lords/2024...) and highlight the substantial public interest significance of this subject. The public interest in transparency regarding data-sharing practices, underscored by the 2020 DfE ICO Audit findings, outweighs withholding this information.

Section 40 (Personal Data): I seek only organisational information in agreements, not personal data. Any personal data should be redacted as part of disclosure.

For comparison, I last made a request for a copy of one MOU (DWP) in January 2024, Police and Home office on 3 November 2020, and a request for copies of eight (8) in total on 25 August 2022 which were fulfilled in full.


Revised Request
To reduce the burden and address your concerns, and according to your answer from December 19, 2024, “We would be willing to consider another request from you for a significantly narrower / reduced scope of information, subject to the considerations set out above," I therefore make a substantially revised request for:

(1) A count of the total number of active data-sharing agreements with each of the following seven (7) organisations as on October 29, 2024 (as per the original request):

Home Office/UKVI
Department for Work and Pensions (DWP)
Ministry of Justice (MoJ)
HM Revenue and Customs (HMRC)
Cabinet Office/No. 10
Welsh Government’s Education & Public Services
Police or criminal investigation authorities


(2) A copy of the most recently drafted live agreement with each of the above (one per organisation, only seven (7) agreements in total) as of October 29, 2024

I trust that if you were to find further that any of the requested information is still exempt or unable to fulfil in full, you will still comply with your section 1(1) duties about disclosing the other information held.

This targeted request focuses on current arrangements and ensures that up-to-date information informs public debate in the public interest. I believe this revised scope addresses concerns about unreasonable strain on resources and ask, since my request was first received on 29 October 2024, that you will proceed in a reasonable timeframe. Thank you for your consideration.

Sincerely,
Jen Persson

ACCOUNT, Unmonitored, Department for Education

Dear Jen Persson 

Thank you for your recent enquiry. A reply will be sent to you as soon as
possible and this should be within 20 working days, as you are requesting
information under the Freedom of Information Act 2000.

Your correspondence has been allocated reference number 2025-0002261.

Yours sincerely

Department for Education
Ministerial and Public Communications Division
Tel: 0370 000 2288
Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

ACCOUNT, Unmonitored, Department for Education

6 Attachments

Thank you for your request for information, which was received on 22
January 2025. This was a follow up to a previous FOI response issued by
the Department on 19 December 2024. Your current request is as follows:

Dear Department for Education,

Please pass this on to the person who conducts Freedom of Information
reviews.

Thank you for your response to my FOI request first received on 29 October
2024 and then clarified on 21 November 2024 and refused in entirety on
December 19, 2024. I am writing to request review and reconsideration of
the Department for Education's response to my FOI request 'National Pupil
Data: Data MOUs and Data Sharing Arrangements' as discussed with Gary
Connell, Head of Data Ownership and Data Sharing to whom I responded on
December 20, 2024 and email correspondence that concluded yesterday (20th
January).

A full history of my FOI request is available on the Internet at this
address: [1]https://www.whatdotheyknow.com/request/n...

I note your reliance on section 14 due to the volume of information that
the FOI would produce, your expected redaction time required, and the
potential application of exemptions under sections 31(1)(2), 35(1)(a), and
40(2). However, I believe the request might have been more appropriately
rejected under section 12, as costs of compliance burden appear to be the
principal reason for refusal. As the ICO advises:

“…if the public authority’s principal reason (and especially where it is
the sole reason) for wishing to reject the request concerns the projected
costs of compliance, then as a matter of good practice serious
consideration should be given to applying section 12 rather than section
14…” (Craven v The Information Commissioner and the Department of Energy
and Climate Change [2012] UKUT 442 (AAC)).

Response to Specific Prior Concerns

Section 31 (Law Enforcement): I understand some agreements may raise
concerns regarding the information that must be refused and redacted for
use by law enforcement. However, exemptions must be applied individually,
and given the public interest, disclosure of recent data-sharing
agreements relating to major government policies is essential for
transparency.

Section 35 (Policy Formulation): While the exemption is qualified, recent
debate in the House of Lords on the Data (Use and Access) Bill (18
December 2024) mentioned these data sharing agreements specifically (see
Hansard: https://hansard.parliament.uk/lords/2024...) and highlight the
substantial public interest significance of this subject. The public
interest in transparency regarding data-sharing practices, underscored by
the 2020 DfE ICO Audit findings, outweighs withholding this information.

Section 40 (Personal Data): I seek only organisational information in
agreements, not personal data. Any personal data should be redacted as
part of disclosure.
For comparison, I last made a request for a copy of one MOU (DWP) in
January 2024, Police and Home office on 3 November 2020, and a request for
copies of eight (8) in total on 25 August 2022 which were fulfilled in
full.

Revised Request

To reduce the burden and address your concerns, and according to your
answer from December 19, 2024, “We would be willing to consider another
request from you for a significantly narrower / reduced scope of
information, subject to the considerations set out above," I therefore
make a substantially revised request for:

(1) A count of the total number of active data-sharing agreements with
each of the following seven (7) organisations as on October 29, 2024 (as
per the original request):

• Home Office/UKVI
• Department for Work and Pensions (DWP)
• Ministry of Justice (MoJ)
• HM Revenue and Customs (HMRC)
• Cabinet Office/No. 10
• Welsh Government’s Education & Public Services
• Police or criminal investigation authorities


(2) A copy of the most recently drafted live agreement with each of the
above (one per organisation, only seven (7) agreements in total) as of
October 29, 2024

I trust that if you were to find further that any of the requested
information is still exempt or unable to fulfil in full, you will still
comply with your section 1(1) duties about disclosing the other
information held.

This targeted request focuses on current arrangements and ensures that
up-to-date information informs public debate in the public interest. I
believe this revised scope addresses concerns about unreasonable strain on
resources and ask, since my request was first received on 29 October 2024,
that you will proceed in a reasonable timeframe. Thank you for your
consideration.

Sincerely,
Jen Persson

I have dealt with your request under the Freedom of Information Act 2000
(the Act).

For the avoidance of doubt, as you have submitted a revised (and
significantly narrower) request for information, we have considered this
request individually on its merits rather than as a review of the previous
response issued on 19 December. However, before responding on your revised
request, we have provided some clarity with regards to some of your other
points:

• The Department did indeed consider the disproportionate cost
exemptions under section 12 of the Act, before considering section 14.
However, as the majority of burden associated with the original
request was for activities not covered under section 12 (e.g. section
12 cannot be claimed for considering exemptions and implementing
redactions across c.50 separate data sharing agreements), we concluded
section 14 was most appropriate.
• You are correct in that the application of exemptions must be
considered individually and, where relevant, fully consider the public
interest in disclosure. The response issued on 19 December references,
as examples, some of the exemptions which we are confident would apply
to much of the information previously requested. The reason section 14
applies was that the burden to consider all those exemptions
individually against each of the c.50 agreements in scope of the
original request was considered oppressive on the Department.

With regards to your revised request, I have dealt with each question
separately below:

(1) A count of the total number of active data-sharing agreements with
each of the following seven (7) organisations as on October 29, 2024 (as
per the original request):

• Home Office/UKVI
• Department for Work and Pensions (DWP)
• Ministry of Justice (MoJ)
• HM Revenue and Customs (HMRC)
• Cabinet Office/No. 10
• Welsh Government’s Education & Public Services
• Police or criminal investigation authorities


The Department publishes details of all organisations with which DfE (and
our executive agencies) have shared data, alongside a short description of
the project, via our quarterly transparency publication available on
GOV.UK at the link below:
[2]https://www.gov.uk/government/publicatio...

This publication includes details of all external shares approved by the
DfE Data Sharing Approval Panel (DSAP) up to, and including, 30 September
2024 (based on the version published December 2024). As all DfE external
data shares of personal data supported by a data sharing agreement are
considered by DSAP, this means that a count of active data sharing
agreements as at the end of September with each of the organisations
listed can be calculated by filtering on the “Name/Organisation” column
(selecting the relevant organisation) and the “Licence end date
description” (removing shares where either the Secure Environment has been
deactivated or confirmation of data destruction has been received) within
the DSAP considered data shares worksheet. For ease of reference, we have
applied the methodology described above for each of the 7 organisations
detailed in your request to provide the following counts as at 30
September 2024:
 

• Filtering on the Home Office / UKVI, gives two active data sharing
agreements. Please note, this does not include the share with DSAP
reference DS00763 (with organisations listed in the publication as
London School of Economics (LSE) commissioned by Home Office and Youth
Endowment Fund), as it is the Youth Endowment Fund who have directly
funded the research and Home Office have no access to the data and are
not a party to the data sharing agreement. Home Office will only
receive the results of the analysis after they have been aggregated
and cleared for release / publication from the ONS Secure Research
Service.
• Filtering on the Department for Work and Pensions (DWP), gives three
active data sharing agreements in the DSAP considered data shares
worksheet. Please note, there are a further two shares currently
listed on the pre DSAP regular shares worksheet (R0039 and R0040) but,
following review, it has been identified that these shares (and the
associated agreements) are not active/live and will be removed from
the next publication.
• Filtering on the Ministry of Justice (MoJ), there is only one active
data sharing agreement.
• Filtering on HM Revenue and Customs (HMRC), gives four active data
sharing agreements.
• Filtering on the Cabinet Office and/or No. 10, there is one active
data sharing agreement. This agreement (with DSAP reference DS00923)
is listed on the publication as a share with the Public Services Fraud
Agency (PSFA) which has been included as PSFA is part of the Cabinet
Office.
• Filtering on the Welsh Government, there are three active data sharing
agreements (two in the DSAP considered data shares worksheet and one
in the pre DSAP regular shares)
• Filtering on the police and/or criminal investigation authorities,
there are no active data sharing agreements with organisations not
already referenced above.

For shares between 1 October 2024 and 29 October 2024, the Department
holds the information you have requested but it is being withheld under
the Act. The exemption which applies to this information is section 22
which provides for information to be exempt from disclosure where the
information is held by the Department with a view to its publication at
some future date. In this case, the information you have requested has
been pre-announced for release on 6 March 2025 with further releases later
in the year announced for the 5 June, 11 September and 4 December. The
pre-publication announcement is available from the link below:
[3]https://www.gov.uk/government/organisati...

Section 22 of the Act is a qualified exemption and, therefore, a public
interest test has been carried out. In doing so the following factors have
been taken into consideration:

• It is acknowledged that there is a general public interest in
disclosure because of the need for there to be open and transparent
government and that the sharing of information with the public should
be free and open.
• The public interest in permitting the government to publish
information in a manner and at a time of its own choosing is also
important. It is part of the effective conduct of public affairs that
the general publication of information is a conveniently planned and
managed activity within the reasonable control of the public
authority.
• The department had already determined that it will publish the
requested information on its website and pre-announced the dates for
such publication. 
• It is not reasonable for the government to be expected to release
piecemeal information in advance of its planned timetable and planned
publication, and there is a strong argument in favour of allowing
everyone to view this information at the same time. If it were to
release this information as requested on varying occasions this would
result in partial information being released over a protracted period
leading to potential public confusion and inaccuracy.

The arguments for and against release have therefore been considered
and it is our view that the balance of public interest falls in favour of
the maintenance of this exemption in relation to the information relating
to this request.

(2) A copy of the most recently drafted live agreement with each of the
above (one per organisation, only seven (7) agreements in total) as of
October 29, 2024

A copy of the most recent live agreement (based on the most recent data of
signature) for each of the organisations listed in question 1 is attached.
These are:

• Home Office – DfE reference DS00689. Please note, as with previous
versions of this MoU which you have received previously under the Act,
the version shared includes an umbrella MoU and a process level MoU
(please see agreement for definitions). The process MoU provided is
the only agreement that is associated with, and sits under, the
umbrella MoU
• DWP and Welsh Government – DfE reference DS00114 (both organisations
are a party to the same agreement)
• MoJ – DfE reference DS00268
• HMRC – DfE reference DS00638
• Cabinet Office/No. 10 – DfE reference DS00923
• Police or criminal investigation authorities – See Q1. No agreement
exists

The information provided for these requests include a small number of
redactions under section 40(2) (personal data) of the Act. This is because
the information in question includes third party personal data. Personal
data is that which relates to a living individual who can be identified
from that data, or from that data and other information which is likely to
be in, or to come into, the possession of the requestor. Disclosure of
this information would contravene a number of data protection principles
and would be regarded as ‘unfair'. By that, we mean the likely
expectations of the data subject that his or her information would not be
disclosed to others and the effect which disclosure would have on the data
subject. Section 40(2) is an absolute exemption and is not subject to the
public interest test.

In addition, there are also a small number of redactions under section
31(1)(a) of the Act which relates to information which would likely
prejudice the prevention or detection of crime. Section 31 is a qualified
exemption and, therefore, a public interest test has been carried out. In
doing so the following factors have been taken into consideration:

• There is a general public interest in disclosure. Transparency and
accountability in disclosing information about government activities
may lead to increased trust and engagement between citizens and
government. For example, with regards to DfE data sharing, disclosing
information concerning how data is stored and transferred between
organisations will allow the public to hold the department to account
and increase transparency about how DfE perform their functions.
• However, release of information about data security and data transfers
would make the relevant data owners more vulnerable to crime. The
crime in question here would be a malicious attack on the systems used
to store or share data, and the release of this information would be
seen to prejudice the prevention or detection of crime by making data
systems or data transfers more vulnerable to hacking or intercept.

The arguments for and against release have therefore been considered and
there is an overwhelming public interest in keeping government computer
systems, and the data stored within those system, secure which would be
served by non-disclosure. This would outweigh any benefits of release. It
has therefore been decided that the balance of the public interest lies
clearly in favour of withholding (redacting) these elements of the
agreements.

The information supplied to you continues to be protected by copyright.
You are free to use it for your own purposes, including for private study
and non-commercial research, and for any other purpose authorised by an
exception in current copyright law. Documents (except photographs) can be
also used in the UK without requiring permission for the purposes of news
reporting. Any other re-use, for example commercial publication, would
require the permission of the copyright holder.

Most documents produced by a government department or agency will be
protected by Crown Copyright. Most Crown copyright information can be
re-used under the Open Government Licence
([4]http://www.nationalarchives.gov.uk/doc/o...). For
information about the OGL and about re-using Crown Copyright information
please see The National Archives website -
[5]https://www.nationalarchives.gov.uk/info...

Copyright in other documents may rest with a third party. For information
about obtaining permission from a third party see the Intellectual
Property Office’s website at [6]www.ipo.gov.uk.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter. Your complaint will be considered by an
independent review panel, who were not involved in the original
consideration of your request. If you are not content with the outcome of
your complaint to the Department, you may then contact the Information
Commissioner’s Office.

Yours sincerely

Gary Connell
DfE, Head of Data Ownership and Data Sharing

 

References

Visible links
1. https://www.whatdotheyknow.com/request/n
2. https://www.gov.uk/government/publicatio...
3. https://www.gov.uk/government/organisati...
4. http://www.nationalarchives.gov.uk/doc/o...
5. https://www.nationalarchives.gov.uk/info...
6. http://www.ipo.gov.uk/