Annex A: Article 36(4) Enquiry Form
This form is for public authorities that are developing a legislative proposal or statutory guidance that relates to personal data. It will provide a template for you to enter information relevant to Article 36(4) of the General Data Protection Regulation (GDPR) in order to streamline the process of consulting with the Information Commissioner’s Office (ICO).
Title of proposal: Scottish Government - Rural Financial Support Bill
Your department: Scottish Government - Environment and Forestry
Contact email: Alastair McAlpine <firstname.lastname@example.org>
Data Protection Officer Contact email: Stuart Gardner <email@example.com>
(If different from above)
Is your proposal primary legislation, secondary legislation or a statutory measure? Primary Legislation
Name of primary legislation your measure is based on (if applicable): Agriculture (Scotland) Act 1947
Provide a broad summary of which aspects of your proposal relate to personal data: The collecting of data and personal information for the purposes of making subsidy payments and research and analysis.
What stage is your legislation or statutory measure at and what are your timelines?
This legislation is at an early drafting stage and is subject to Parliamentary timetabling.
|What issue/public need is the proposal seeking to address?||Analysis of the agri-food chain and policy support for the agricultural sector.|
|Does your proposal create a new power or obligation for the processing of personal data?||It provides a new power to gather data and obliges farmers to allow the processing of personal data for the purposes of providing support payments, economic estimates in national economic accounting and other research.|
|Does your proposal relate to the collection of personal data?||Yes|
|If you’ve answered yes to the above question, what data items might this include?||Financial Accounts from farm business enterprises, machinery and livestock inventories, production, input and output estimates. Because many of these business names will identify the individual farmer and we link data to the businesses we consider this as personal data.|
|And is this information collected directly from the data subject or from elsewhere? Please provide further details.||At the moment the most likely method of collecting this data will be through Single Application Forms that farmers fill out when claiming subsidies or through one of the official farm surveys which are compulsory. However additional fields will be added to look for consent where non- essential research or data processing may take place. In the future we may also include information that we may link from earth observation data from satellites.|
|Would your proposal affect a specific group? E.g. children, vulnerable individuals, elderly?||It will include farmers, but not specifically from a protected characteristic. However, by their nature many will be elderly and/or disabled and most will be part of a trade union such as the NFUS.|
|Does your proposal relate to the processing 'special categories' of personal data, or 'criminal convictions or offences data'?||No|
|Does your proposal involve the sharing of personal data with another government department or 3rd party that you were not previously sharing with?||No|
|Is there anything potentially controversial or of significant public interest in your policy proposal?||No|
|Have you conducted a data protection impact assessment on your proposed legislation?||This is currently being reviewed as it will impact on the whole Bill and not just the data clause.|