Judicial Review of Public Data Gaps

Joe Tomlinson; Jed Meers; Cassie Somers-Joce

doi:10.1080/10854681.2023.2218256

Judicial Review of Public Data Gaps

Joe Tomlinson, Jed Meers, Cassie Somers-Joce

Law

Research output: Contribution to journal › Article › peer-review

Abstract

The failure of public bodies to collect valuable data—what we call “data gaps”—is a major problem of modern government. With government infrastructure becoming increasingly digitalised, the opportunities to collect data efficiently and at low cost are increasing exponentially. Yet, we often see public bodies making decisions which fail to capitalise on this opportunity. This may be for a range of reasons, and such failures can cause a range of serious problems. For public law practitioners, this is giving rise to an important question: are there routes to challenge decisions underpinning data gaps via judicial review? This article sets out our review of existing legal authorities in public law and equality law relevant to the collection of systemic information by public sector bodies in respect of two areas - the duty of inquiry, and the public sector equality duty.

Original language	English
Pages (from-to)	69-77
Number of pages	9
Journal	Judicial Review
Volume	28
Issue number	2
Early online date	5 Jul 2023
DOIs	https://doi.org/10.1080/10854681.2023.2218256
Publication status	Published - 24 Jul 2023

Bibliographical note

Access to Document

10.1080/10854681.2023.2218256Licence: CC BY-NC-ND

Judicial Review of Public Data Gaps
© 2023 The Author(s).
Final published version, 529 KBLicence: CC BY-NC-ND

Cite this

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