Publication - FOI/EIR release

Children, Young People and Families Early Intervention Fund (CYPFEIF) regulation compliance: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
18 Feb 2021
Children, Young People and Families Early Intervention Fund (CYPFEIF) regulation compliance: FOI release
FOI reference: FOI/202000107448
Date received: 16 Oct 2020
Date responded: 10 Nov 2020
Information requested

When was the requirement for compliance with the GDPR communicated to the CYPFEIF recipients?.

Response

The grant offer letters issued to CYPFEIF recipients include the conditions:

5. Confidentiality and Data Protection

5.1 The Grantee will respect the confidentiality of any commercially sensitive information that they have access to as a result of the Activities.

5.2 Notwithstanding the above, the Grantee may disclose any information as required by law or judicial order. All information submitted to the Scottish Ministers may need to be disclosed and/or published by the Scottish Ministers. Without prejudice to the foregoing generality, the Scottish Ministers may disclose information in  compliance with the Freedom of Information (Scotland) Act 2002, any other law, or, as a consequence of judicial order, or order by any court or tribunal with the authority to order disclosure. Further, the Scottish Ministers may also disclose all information submitted to them to the Scottish or United Kingdom Parliament or any other department, office or agency of Her Majesty's Government in Scotland, in right of the Scottish Administration or the United Kingdom, and their servants or agents. When disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Scottish Ministers shall if they see fit disclose such information but are unable to impose any restriction upon the information that it provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament; such disclosure shall not be treated as a breach of this agreement.

5.3 The Grantee shall ensure that all requirements of the Data Protection Act 1998 are fulfilled in relation to the Activities.

The February 2019 grant offer letters amended condition 5.3 to read:

5.3 The Grantee shall ensure that any use of personal data by themselves is done in line with the requirements of current data protection legislation.

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