Continuing Professional Development (CPD) system in Tier 4 of the Agricultural Reform Programme: Data protection impact assessment

6. Stakeholder analysis and consultation

6.1 Stakeholders

Group

National discussion on the future of Scottish agriculture (2015-16)

Interest

Need for increased support for knowledge and support, advice and training

Group

Agriculture Transition in Scotland: first steps towards our national policy, August 2021

Interest

Importance of knowledge exchange, skills development and innovation in agriculture and whether CPD should be mandatory for businesses receiving public support funding.

Group

Public consultation on Agriculture and Rural Communities (Scotland) Bill

Interest

Scrutiny of Bill including CPD provisions.

Group

Rural Affairs and Environment Committee consultation into Agriculture and Rural Communities (Scotland) Bill

Interest

Scrutiny of Bill including CPD provisions.

Group

Informal consultation on AKIS (Agricultural Knowledge and Innovation System)

Interest

Scope of the AKIS, including activities that should be included in CPD system and amount of CPD to be undertaken.

Group

Officials in Agriculture Policy Division, Scottish Government Policy

Interest

Consideration of development of CPD system, including accessibility, fairness and proportionality of system.

Group

Officials in Agricultural Reform Programme as part of Discoveries to understand users and user needs of CPD

Interest

Consideration of development of CPD system, including how the CPD system interacts with other parts of the programme.

Group

Farmers and crofters as part of Discoveries to understand users and user needs of CPD

Interest

Consideration of users and user needs of the CPD system.

Group

Stakeholders as part of discussions of discussion paper for stakeholder organisations which set out some key proposals and consideration of their impacts on stakeholder organisations.

Interest

Consideration of users and user needs, including organisations that provide activities that can help contribute towards CPD.

6.2 Method used to consult with these groups when making the DPIA

Formal and consultation exercises were undertaken with stakeholders. Apart from the informal consultation on AKIS, the subject of knowledge exchange, skills and CPD were included within boarder formal consultation exercises.

Discussions were held with officials in Agriculture Policy Division to specifically look at the details of the system to be set up.

Discussions were held with leading officials in the Agricultural Reform Programme to get their views on how the CPD system interacts and could interact with other parts of the programme.

Targeted user research as part of Discoveries on CPD. Farmers and crofters were interviewed using a set list of questions.

Targeted discussions with stakeholder organisations that provided activities that could help contribute towards CPD. A discussion paper was circulated in advance and follow up discussions held. Organisations were invited to submit written comments if they wished.

6.3 Data protection issues identified by these groups during consultation

Where responders to the consultations referred to “data”, “big data”, and “data protection”, and the need for greater data sharing across the agriculture sector, they did so in terms of the use of data and data collection that could be undertaken to develop aspects of the agriculture sector rather than personal data which is the subject of this impact report.

For example, the evidence sessions for the Agriculture and Rural Communities (Scotland) Bill noted that there was a need to have smart collection and use of data. Stakeholders commented that CPD was not just about upskilling individuals regarding knowledge and understanding. There was a big role for data and technology. There was a need for sufficient training to enable farmers and crofters to understand what was actually happening on their farms and crops, to benchmark and know what was best for them to go forward. There was a concern that there was not the baseline environmental data and there were not the mechanisms to capture that data just now.

There is specific reference to the collection of specific data in the Farm Advisory Service (FAS) for learning and development purposes. The research report, One to many research evaluation, January 2021, undertook an evaluation of the One to Many component of the Farm Advisory Service, delivered by SAC Consulting and provided as part of the Scottish Rural Development Programme 2014-2020. It analysed what had been delivered and provided recommendations for the future. Its recommendation number two was to “review data strategy”. This was to “consider potential mechanisms for regular, representation farm data collection to determine the extent to which FAS is used within the farming population as a whole and how the service is viewed. Consider opportunities for integrating monitoring of farm environments within a broader environmental monitoring strategy. Consider the possibility of a specific farm data strategy for monitoring and benchmarking environmental impacts." Again, this does not specifically refer to personal data.

The consultations all made a number of points about the CPD system. This included what CPD should and should not be and what a CPD system should look like. They noted the importance of accessibility to all persons using the system. The themes of accessibility, fairness of access and proportionality ran through the responses. While this could be said to apply specifically to the types of activities to be included, accessibility of these activities, proportionality of the CPD that is to be used, we consider that these concepts should also apply to the specific data protection that should apply to the CPD system. The gathering and processing of data within the CPD system should be fair, proportionate and justified.

In stage 3 of the Agriculture and Rural Communities (Scotland) Bill, amendments that were brought forward and accepted included ones that related to the inclusion of exemptions from undertaking CPD for persons in particular circumstances; the need for the Scottish Ministers to consult before making regulations relating to the CPD system and for monitoring and evaluation of the system. While Ministers have still to set out the full extent of what these exemptions are, they are aware from other CPD systems that these include ones for maternity and paternity leave, adoption leave, ill health etc. This will require evidence to be provided by a data subject to ensure that a decision can be taken on their application for exemption from undertaking CPD. For example, it may require a data subject to submit relevant health information that can show that they are not currently employed as a result of their health. Applications will be on a case by case basis. These exemptions and the processes of applying for exemption are a feature of all CPD systems that officials considered in the development of the CPD system. A robust but easy to navigate process to get an exemption from undertaking CPD will be set up. Guidance will be provided on the application and decision processes.

In developing the CPD system, regard has been made to a wide range of CPD systems that have been introduced and used within the agriculture Sector in Scotland and in the United Kingdom and more widely by other occupations. This has included looking at and considering what data has been collected and processed within them, including the data for exemptions from the CPD system. This has been important to help understand what the CPD system will look like and the specifications to be set out in a procurement exercise. The findings of that analysis was discussed by officials in Agriculture Policy Division.

6.4 Method used to communicate the outcomes of the DPIA

The DPIA will be published on the Scottish Government website.