Kenny: BIS data-sharing plans could be a “dead letter”


Chris Kenny

Kenny: support for the new ‘growth duty’

Plans by the Department for Business, Innovation and Skills (BIS) for improved data sharing between different regulators could be a “dead letter” if they are not applied to all of the legal regulators, the Legal Services Board has warned.

In its response to a BIS consultation paper, chief executive Chris Kenny said the LSB could see the benefits of many of the proposals the government was putting forward on data sharing between a wide range of so-called non-economic regulators.

However, he said that if it “wished to achieve its wider deregulatory policy aims” in the legal sector, the government had to “make the front-line legal regulators subject to these initiatives, not just the LSB”.

Mr Kenny said it was front-line regulators that engaged with “more than 11,000 regulated businesses” and collected data from them.

Last month the LSB chief executive told BIS, in response to an earlier consultation on ‘small business appeals champions’, that it should appoint them to the eight front-line regulators rather than the oversight-regulator.

In his latest letter to BIS, Mr Kenny welcomed the government’s decision to include all legal regulators in the new duty to promote growth, “as excessive regulation in this sector can hinder the growth not just of legal businesses but also have an adverse impact on the wider economy”.

In addition, Mr Kenny said he believed the new duty should carry equal weight to the regulatory objectives set out in section 1 of the Legal Services Act and he called on BIS to extend the new Regulators’ Code to all legal regulators.

Michael Fallon, business and enterprise minister, said in his introduction to the BIS consultation paper that data collection was a “significant burden” on businesses.

However, he said that regulators complained that data sharing was “the biggest challenge they face” in meeting the demands of the Regulators’ Code.

Under the code, regulators must have regard to the principle of ‘collect once, use multiple times’ when collecting information about the businesses they regulate and should agree mechanisms to share information, where the law allows.

BIS said that “despite the potential benefits of data sharing for both regulators and businesses, government believes that current levels of data sharing are not sufficient”.

 

Tags:




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Reports

Our latest special report, produced in association with Temple Legal Protection, looks at the role of after-the-event (ATE) insurance in commercial litigation post-LASPO. We are at a time when insurers, solicitors, clients and litigation funders work ever more closely to create funding packages that work for all of them, with conditional fee and even damages-based agreements now part of many law firms’ armoury.

Blog

10 December 2019

Is your website lost in the desert?

Having a website is like advertising on a billboard in the middle of the desert – it’s pretty useless unless people are driving past to see it. It’s exactly the same with cyberspace.

Read More

Loading animation