CHAPTER 3 DATA COLLECTION AND ANALYSIS 3. Model for Acquiring and Utilising Data Data collection under the Global Study questionnaire revealed significant difficulties in acquiring quantitative data. These were related either to the insufficient coordination or cooperation between relevant State institutions or to the unavailability of data.38 It is recommended that data collection systems are strengthened in all thematic areas covered by the Global Study. However, in some cases States may have to prioritise selected domains, either because of particularly low data collection capabilities or existing legal and technical barriers in accessing, sharing or releasing data. In this respect, the Global Study serves as a ‘litmus test’ to determine areas of concern. Once these have been identified, States should: 1) adopt appropriate regulatory framework, 2) allocate adequate resources and 3) raise awareness about the data quality in certain areas. 3.1 Regulatory Framework Acquiring high quality data requires adoption of a regulatory framework that strikes the right balance between the Government’s need to collect and utilise information with the rights of individuals, primarily their right to receive, seek and impart information as well as their right to privacy. Only by empowering individuals to exercise their informational self-determination, can public authorities ensure respect for human rights and build trust in the use of public data. In this regard, the legal framework should specify the rights of data subjects as well as available legal remedies and safeguards. At the same time, legal framework should facilitate public release of data generated or acquired by State agencies. A well-defined regulatory framework is equally important for enhancing legal certainty regarding the scope and conditions under which information can be collected by and shared between various State agencies (ensuring adequate data security). A dense web of inconsistent legislative requirements (in developed countries) or lack of adequate regulations and procedures (in less-developed countries) creates significant uncertainty about the availability and accessibility of administrative records. To overcome this barrier, States might develop an accreditation system that would facilitate data sharing between the institutions that meet certain criteria, most importantly utilise these data for public 38 For instance: UN Global Study Questionnaire, Tuvalu (State reply) indicated explicitly that many of the institutions did not have proper records of data, therefore the Government was unable to provide information on the number of children in various detention settings. 52

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