Criminal justice statistics user guide

Criminal Proceedings and Reconviction Statistics (including the Scottish Offender Index data) Privacy Notice

About

The Scottish Government holds data on people who are tried in Scottish Courts, reconvicted in Scottish Courts, or given a non-court disposal (such as such as a fine or warning) in Scotland by the Police or Crown Office & Procurator Fiscal Service. The data are taken from the Criminal History System and provided to the Scottish Government by Police Scotland. This privacy notice states why the data are collected and how they are used.

Why do we need the data?

The Scottish Government needs the data to determine the extent and nature of crime and reoffending in Scotland for the purposes of government. This includes producing statistics on the criminal justice system to allow Scottish Ministers to assess and monitor the state of crime and the criminal justice system, and to inform policy and analysis in this area.

The Scottish Government are the Data Controllers of the personal data. We are legally able to collect the data from Police Scotland as Section 84(b&c) of the Police and Fire Reform (Scotland) Act 2012 states that Police Scotland must provide Scottish Ministers with reports, statistics or other information relating to the Police Service or functions, and the state of crime.

As the data are being used for statistical and research purposes,  Schedule 2, part 6, para 27 of the Data Protection Act  2018 (DPA) provides exemptions to Article 5 1 (b) ‘purpose limitation’ (because the use is compatible with the purpose it was first collected),  (e) ’storage limitation’ (retention of data) and Articles 15 to 21 and 34(data subject rights) of the  UK GDPR. This allows us to share the data with researchers, allows us to keep the data, and means that people do not have a right of access to the personal data we hold on them. We are only allowed to do this if we do not use the data to make decisions about individuals and that the use of the data does not cause substantial damage or substantial distress. The purpose and manner in which we use the data means that we meet the conditions in the Data Protection Act

The gathering, use, and sharing (processing) of the data by the Scottish Government meets Article 6(1)(e) of the General Data Protection Regulation (GDPR) as it is necessary to perform a task in the public interest and the task has a clear basis in law.

Article 10 of the GDPR gives limitations of who can process data on criminal convictions and offences. The Scottish Government meets the conditions under article 10 for processing data on criminal convictions and as it has a lawful basis under article 6(1) and as an official authority, it can carry out the processing. As an official authority, the Scottish Government can also keep a comprehensive dataset of criminal convictions.

Article 5(1)(b) of GDPR says if personal data are collected then they can be used for statistical purposes, even if they weren’t collected for that reason.

Article 89(2&3) of the GDPR state that because the data are used for statistical purposes and archived for the public interest, it means we do not have to comply with GDPR Articles 15, 16, 18, 19, 20 and 21. This is similar to the exemptions given in Schedule 2, part 6, para 27 of the DPA (2018), which means that people do not have a right to access the personal data we hold on them, stop or object to us using the data, or requesting that we modify or delete their personal data.

What data do we collect?

We collect data that enable us to produce statistics and carry out analyses on crime and the criminal justice system. Some personal data are collected, such as date of birth and gender, that enable us to monitor any equality issues for different groups of people in the criminal justice system. The ID number is collected to determine the number of unique people that have an interaction with the criminal justice system and to determine if people are reconvicted. The first half of a person’s postcode (for example EH1, or GL1) is collected to determine the prevalence of offending in each local authority. We do not collect a person’s name or full address.

The personal data that we hold are:

• S number (ID number assigned by Police Scotland)
• Case reference of offence
• Date of birth
• Sex
• First half of postcode
• Charge
• Crime/offence

What happens to the data?

The Scottish Government receives the data from Police Scotland. Statisticians in the Scottish Government’s Justice Analytical Services division then analyse the data and publish a summary of the data each year in the Criminal proceedings in Scotland  accredited Official Statistics publication. This publication gives an overview of the number of persons dealt with by the criminal justice system, for example, the number of people convicted for a violent crime, or the number of people convicted in a high court. No data that identifies individuals are published.

The data are then further processed by the statisticians to calculate how many times people have been convicted, which are used to calculate summary reconviction rates for groups of people. The reconviction rates are published in the Reconviction rates in Scotland  accredited Official Statistics publication, which presents reconviction rates for different groups, such as reconviction rates for different genders or ages, or reconviction rates after a conviction for a particular crime. 

The Scottish Government also uses the data to develop its plans to reduce crime and reoffending. It will not track individuals or use the data to support measures or decisions for particular individuals.

The data are also used as part of the democratic process to ensure that the Scottish Government is carrying out its public duty to keep the public safe and rehabilitate offenders. This involves using the data to answer questions from Members of the Scottish Parliament (MSPs) from any political party, or answering Freedom of Information requests from members of the public. Only summary data are released which do not contain personally identifiable information, for example a reconviction rate for a particular crime would be released to MSPs or the public, but not a list of persons reconvicted for a certain crime. 

How will the data be stored and kept secure?

The data will be kept on the Scottish Government’s secure servers and will not be stored or processed on a location outside the  United Kingdom.

The data can only be viewed by a small number of statisticians and statistical support staff in the Scottish Government’s Justice Analytical Services division that have a legitimate need to access the data and have all been trained in the safe handling of data.

Data may be archived in accordance with GDPR Article 89 as retaining the data is in the public interest and it is used for statistical purposes. 

Sharing the data

The Scottish Government may share the data with researchers that carry out research into offending. The Scottish Government will only share the data with researchers when the researchers’ question is considered to be of interest to the public, and that the researchers can demonstrate that the data will be stored securely and within the United Kingdom. The researchers will not publish details of individuals. The Scottish Government may make the pseudonymised data available for research to approved researchers for approved research projects by sharing it to the Scottish National Safe Haven, an accredited Trusted Research Environment where it can be safely linked to other pseudonymised datasets.

We can legally share the data from Police Scotland as Section 84(b&c) of the Police and Fire Reform (Scotland) Act 2012 states that Police Scotland must provide Scottish Ministers with reports, statistics or other information relating to the Police Service or functions, and the state of crime. As the data are being used for statistical and research purposes,  Schedule 2, part 6, para 27 of the Data Protection Act  2018 (DPA) provides exemptions to Article 5 1 (b) ‘purpose limitation’ (because the use is compatible with the purpose it was first collected),  (e) ’storage limitation’ (retention of data) and Articles 15 to 21 and 34(data subject rights) of the  UK GDPR. This allows us to share the data with researchers, allows us to keep the data, and means that people do not have a right of access to the personal data we hold on them. We are only allowed to do this if we do not use the data to make decisions about individuals and that the use of the data does not cause substantial damage or substantial distress. The Scottish Government has the implied power to share these data which is necessary for the administration of the functions of government.

Rights

• You have the right to object to processing that is or is likely to cause substantial damage or distress to you or another. To exercise this right, please write stating what processing you object to and why it is causing, or is likely to cause you damage or distress. The Scottish Government will consider the request and respond within 21 days to confirm whether the objection is accepted.
• You have the right to be confident that we will handle your personal information responsibly and in line with good practice. If you have a concern about the way we are handling your information you can write using the details below.

To exercise these rights, you can write to the Scottish Government Data Protection Officer, supported by the Data Protection and Information Asset Team on:

The Data Protection Officer

Data Protection and Information Assets,

Team V Spur,

Saughton House

Broomhouse Drive

Edinburgh EH11 3XD

Email: dpa@gov.scot

Complaints

If you feel we have been unable, or unwilling, to resolve your information rights concern, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO).

The ICO are the supervisory authority responsible for data protection in the UK.

For further information, including independent data protection advice and information in relation to your rights, you can contact the Information Commissioner at:

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Website: www.ico.org.uk

You can also report at concern here - https://ico.org.uk/concerns/handling/.