Age of Criminal Responsibility (Scotland) Bill: privacy impact assessment

7. Information flows

Sections 4 – 21 Disclosure:
The standard process for ORI will be followed; however, prior to disclosure it will be reviewed by the IR, along with the other information that has been gathered. The individual will also be approached to allow them to provide representations to the IR, which will be considered along with all other information.

Section 22 Victim Information:
The existing data process for the operation of the Victim Information Service will be followed. SCRA receive information about children who are referred to the Principal Reporter in order to exercise their statutory functions to address that behaviour via the children's hearings system. This information can be provided by a Prosecution Report or Concern Report from agencies such as Police Scotland, Local Authority social work and schools, etc. If a child or young person has been referred to the reporter for committing an offence and there is a named victim of the offence SCRA retains information on the victim in order to be able to contact the victim to ask if they wish to receive information under the VIS and provide information about the disposal of the case. Under section 22 of the Bill, this processing of data will also include cases where a child has been referred to the Principal Reporter as a result of harmful behaviour.