Alignment of Market Message D0225 ‘consent to share flag’ to support PSR data sharing
Summary
Ofgem have been in with discussion with Energy Suppliers this year, requesting them to voluntarily change how they use the consent option within the Priority Services Register (PSR) flow. This Change Proposal (CP) has been raised to make sure the Market Message mirrors the process agreed between Ofgem and Energy Suppliers by re-naming the Priority Services Register (PSR) Data Item DI51497 (J2208) as “Lawful basis for sharing” and to amend the relevant clauses in REC Schedule 13 if needed.
Latest update and next planned activity
Date of latest update
Latest Update
This change was implemented on the 12th April 2024.
Impacts Overview
Impacted REC Parties and Market Participants
Energy Supplier
Distribution Network Operator
Gas Transporter
Impacted REC Documents
Schedule 13 - Transfer of Consumer Data
Priority and rationale
High
Priority last updated on 29 May 2026
Solution development
Problem Statement
The current PSR Data Item DI51497(J2208) ‘Consent to share data obtained’ does not mirror the legal basis for sharing data that DNOs rely on, or the process that Suppliers have planned to have in place by early 2024.
No documents available.
Change Plan
Party Impact Assessment
Completed
Start:
11 Aug 2023Due:
05 Jan 2024Completion:
05 Jan 2024Preliminary Change Report Issued
Completed
Start:
05 Jan 2024Due:
26 Jan 2024Completion:
26 Jan 2024Consultation
Completed
Start:
26 Jan 2024Due:
09 Feb 2024Completion:
09 Feb 2024Final Change Report Issued
Completed
Start:
09 Feb 2024Due:
16 Feb 2024Completion:
16 Feb 2024Responsible Committee Decision
Not Started
Start:
16 Feb 2024Due:
28 Feb 2024Completion:
Appeal Window Closure
Not Started
Start:
28 Feb 2024Due:
13 Mar 2024Completion:
Original submission
Change details
Katie Stanyard - Energy Networks Association
11 Aug 2023
Change details
Alignment of Market Message D0225 ‘consent to share flag’ to support PSR data sharing
Energy Networks Association and Water UK are running a project to enable two-way data sharing of Priority Services Register (PSR) data between Distribution Network Operators (DNOs) and water companies. Concerns have been raised regarding the mandatory status and the naming of PSR flag J2208, ‘Consent to share data obtained,’ of Market Message D0225 ‘Priority Service Details’ (Market Message ID MM00128).
The ICO has issued guidance to the DNOs, in which the ICO stated that (i) it does not consider that explicit consent is the most appropriate legal basis for sharing this data under Article 6 of the UK GDPR and (ii) as a valid condition for processing under Article 9 of the UK GDPR will also be needed for the processing of special category personal data, Article 9(2)(g) is appropriate, as there is a substantial public interest in vulnerable individuals receiving additional support.
Consequently, the DNOs have changed the legal basis on which they are sharing PSR data. DNOs now rely on legitimate interests as the legal basis for processing personal data under Article 6 of the UK GDPR and substantial public interest as the legal basis for processing special category personal data under Article 9 of the UK GDPR.
At the June meeting of the ENA Data Protection Officers Forum, it was agreed by all DNOs that this flag is no longer relevant and, therefore, the current REC market message rules may be in contradiction with the ICO’s guidance. However, the ‘consent to share data obtained’ field is mandatory in the D0225 data flow and so cannot be left blank.
We propose to address the above issues by renaming the J2208 flag as “lawful basis for sharing” and to amend clauses 3.5 and 3.6 of REC Schedule 13 accordingly to remove in the reference to explicit consent. This will be an interim solution.
The intention would be that all REC parties populating this field would mark it as ‘true’ to indicate that they have a lawful basis for sharing. However, Customers have the right to object (under Article 21 of UK GDPR) to their data being shared. The ‘false’ flag would be used to identify customers who have subsequently asked for their data not to be shared and that objection has been upheld.
Currently energy suppliers and Gas Transporters (who receive the PSR data via the Market Message D0225) are still using explicit consent as the legal basis for processing PSR data. At such time that they adopt the same legal bases as the DNOs, we propose that RECCo and industry investigates the feasibility of removing the PSR flag J2208 completely.
The ICO has issued guidance to the DNOs, in which the ICO stated that (i) it does not consider that explicit consent is the most appropriate legal basis for sharing this data under Article 6 of the UK GDPR and (ii) as a valid condition for processing under Article 9 of the UK GDPR will also be needed for the processing of special category personal data, Article 9(2)(g) is appropriate, as there is a substantial public interest in vulnerable individuals receiving additional support.
Consequently, the DNOs have changed the legal basis on which they are sharing PSR data. DNOs now rely on legitimate interests as the legal basis for processing personal data under Article 6 of the UK GDPR and substantial public interest as the legal basis for processing special category personal data under Article 9 of the UK GDPR.
At the June meeting of the ENA Data Protection Officers Forum, it was agreed by all DNOs that this flag is no longer relevant and, therefore, the current REC market message rules may be in contradiction with the ICO’s guidance. However, the ‘consent to share data obtained’ field is mandatory in the D0225 data flow and so cannot be left blank.
We propose to address the above issues by renaming the J2208 flag as “lawful basis for sharing” and to amend clauses 3.5 and 3.6 of REC Schedule 13 accordingly to remove in the reference to explicit consent. This will be an interim solution.
The intention would be that all REC parties populating this field would mark it as ‘true’ to indicate that they have a lawful basis for sharing. However, Customers have the right to object (under Article 21 of UK GDPR) to their data being shared. The ‘false’ flag would be used to identify customers who have subsequently asked for their data not to be shared and that objection has been upheld.
Currently energy suppliers and Gas Transporters (who receive the PSR data via the Market Message D0225) are still using explicit consent as the legal basis for processing PSR data. At such time that they adopt the same legal bases as the DNOs, we propose that RECCo and industry investigates the feasibility of removing the PSR flag J2208 completely.
As the field is mandatory and cannot be left blank, the DNOs are having to use the flag, even though it is not in line with the ICO’s guidance.
DNOs’ privacy policies state that customers’ data will be shared with the energy suppliers and so DNOs mark the field ‘True’ when a customer is entered onto the PSR in circumstances where the DNOs have obtained that customer’s data either directly or from a water company and the customer has not objected to the sharing.
DNOs’ privacy policies state that customers’ data will be shared with the energy suppliers and so DNOs mark the field ‘True’ when a customer is entered onto the PSR in circumstances where the DNOs have obtained that customer’s data either directly or from a water company and the customer has not objected to the sharing.
• The PSR flag J2208 definition should reflect the different legal bases for sharing PSR data that is being used by the DNOs, and by the energy suppliers.
• A quick change to enable the issue to be addressed on an interim basis.
• The change should not require IT system changes to enable a quick implementation. If IT system changes are required, this will become clear through the Impact Assessment.
• A quick change to enable the issue to be addressed on an interim basis.
• The change should not require IT system changes to enable a quick implementation. If IT system changes are required, this will become clear through the Impact Assessment.
This issue has been discussed in the ENA Data Protection Officers Forum, and also in regular meetings with Ofgem and Ofwat. The ENA and Ofgem are also engaging with Energy UK on this change.
Impacts
Other (please specify in the Additional information box below)
Other (please provide details in Additional information box below)
All electricity and gas customers who are registered on the PSR or will be registered in the future will be impacted indirectly. However, it is clearly stated in the privacy policies of the DNOs that PSR Customers’ data will be shared with suppliers and water companies. As this data is already being shared, the change proposal does not alter that fact.
Schedule 13 - Transfer of Consumer Data
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No details provided
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No details provided
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Market Message Catalogue
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No details provided
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No details provided
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Energy Suppliers, Distribution Network Operators, Gas Transporters
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No details provided
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No
No details provided
Priority & timing
Yes
We believe this should be treated as an urgent change and progressed under an urgent timetable as it is linked to a current issue that is resulting in barriers to the realisation of the intended wider benefits of the PSR data sharing project for customers. This project, endorsed by Ofgem, required two-way data sharing to be established between all DNOs and water companies with overlapping regions of operation. The purpose of the project is to maximising the number of vulnerable customers identified and avoiding customers having to disclose vulnerabilities multiple times.
The DNOs have a licence obligation to share all PSR data with suppliers. To avoid being in breach of their licence the DNOs have paused processing water company data where they have been instructed not to onward share with suppliers. Water companies have given this instruction in part due to the misalignment between the J2208 definition and usage, and the ICO guidance.
It will also ensure energy suppliers have clarity that the data they are receiving via DNOs (D0225 flow) has not been shared on the basis of Explicit Consent.
The DNOs have a licence obligation to share all PSR data with suppliers. To avoid being in breach of their licence the DNOs have paused processing water company data where they have been instructed not to onward share with suppliers. Water companies have given this instruction in part due to the misalignment between the J2208 definition and usage, and the ICO guidance.
It will also ensure energy suppliers have clarity that the data they are receiving via DNOs (D0225 flow) has not been shared on the basis of Explicit Consent.
Given this change is addressing a current issue that is holding up the Data Sharing Project we seek to implement this change proposal as quickly as practically possible.
No
No details provided
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Activity
holly.law has been allocated as Lead Analyst.
Implementation Date has been updated to 12 Apr 2024.
holly.law has been allocated as Lead Analyst.
beth.brown has been allocated as SME.