National Data Custodian

Problem
The development and widespread use of Enterprise Content Management systems across
all of Government, has led to the situation where data owners are challenged to store and
effectively utilise the information available to them on a daily basis. Whilst there are
business solutions for enterprise content management situations, biodata gathered for
statutory purposes pose a particular challenge.

This is so as the data generated has a legally empowered custodian who is held
responsible for the storage, securing, accessing, and processing of said biodata. These
Custodians are as follows:
 Registrar General
 Commissioner of Police
 Transport Commissioner
 Director of Personnel Administration
 Chief Immigration Officer
 Chief Elections Officer, and
 Senior Medical Administrators
These custodians all gather, store, secure, process, and access a particular type of
confidential information on persons that creates behaviours that are inimical to overall
efficiencies in the provision of government services to citizens. The ultimate
manifestation is in each custodian having its own solution, independent and siloed. This
lack of structured access leads to eventual frustration in the provision of services to the
public, where information gathered, stored, processed and retrieved whilst maintaining
legal custody is the service standard. In this milieu, timeliness in service provision, is
sacrificed. The hurdle to cross is data ownership and a legally robust demonstrable chain
of custody reinforcing the custodian’s obligations. Please note these are legal issues
before they become business issues.

Solution
Create a singular entity that stores and protects all the digital data (biodata in particular)
which is under the custody of a statutory or regulatory Office. Thus, issues of data
acquisition, custody, storage, retrieval, and utilisation are managed by a single Public
entity, whilst maintaining the statutory rights and responsibilities of relevant statutory
and/or regulatory office holders. The technical infrastructure exists across all services as
most data development Offices and Agencies are currently operating with a significant
level of Enterprise Content Management (ECM) capability. Furthermore, the ‘ICT
backbone’ provides support and solutions for day to day operations, but the statutory
custodians of data struggle with the challenge this multi-tenant environment presents.
 Proving chain of custody, whilst esoteric, is a legal hurdle that to date, has not been
adequately addressed.

The entity should not be a Special Purpose Company but an Executive Agency1 where
the statutory/regulatory owners of the data stored are the major “shareholders” of
the entity. These owners pay a minimal fee for accessing the data on a daily basis and
this fee, supplemented by minimal annual subvention, funds the organisation. The
funding alignment would allow for the usual processing fee charged for the service, such
as a passport fee, to include this minimal and any other cost elements.

This entity would hold all personal data on citizens, no matter where captured and would
operate as the back office point for access, processing, protecting and validating data.
Additionally, this agency would be the business continuity agency for all Offices and
Agencies that gather, hold and use information on persons in this jurisdiction.

Business Opportunity
To be the provider of:
 Data digitizing services for the Agency
 Data capture services for the Agency
 Back Office Processing Services for the Agency

1
Executive Agency is a part of government that is treated as managerially and budgetarily separate, to carry out
some part of the executive functions of Government. An Independent Executive Agency is self-governed, whilst
technically is part of Government, is not under the control of politician.