Publication - FOI/EIR release

Police Scotland data sharing with third sector organisations: FOI release

Published: 30 Jun 2021

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

Published:
30 Jun 2021
Police Scotland data sharing with third sector organisations: FOI release
FOI reference: FOI/202100198019
Date received: 29 Apr 2021
Date responded: 21 May 2021
Information requested

On Monday 15 July 2019, Police Scotland representatives attended the Scottish Government in Edinburgh for further information sharing discussions. These discussions centred on the lawful basis for sharing of Special Category (SC) and Criminal Offence (CO) data between various non-statutory third sector organisations using the Police Scotland interim Vulnerable Persons Database (iVPD) to share this SC and CO data with other organisations that would include local authorities and NHS boards.

As a Freedom of Information (Scotland) Act 2002 request please provide the following recorded information contained in your record:
1. The Police Scotland roles who were in attendance at his meeting.
2. The agencies other than Police Scotland and the Scottish Government who were present at the meeting.
3. The third sector organisations (i.e. Data Controllers) that were recorded as being “partners" with whom Police Scotland would share SC and CO data under Public Task.
4. The version number of the Privacy Notice that was presented at this meeting (e.g. “Version 7 of Feb 2021” V7-A0221), if one was presented.
5. The relevant legislation (i.e. Act and section) that was recorded as giving a statutory gateway for processing as Public Task, as a clear basis in law is required for the Public Task sharing of SC and CO data on Data Subjects without their Consent.
6. The conclusions from meeting on what was to be done about the personal data (including SC and CO) data that had been shared since 25 May 2018 without the Consent (as defined in Article 4(11) ) of the Data Subject with Consent being the lawful condition for data sharing e.g. informing Data Subjects that their personal data had been shared unlawfully by Police Scotland. 

Response

I attach a copy of some of the information you requested with the report of the meeting held on Monday 15 July 2019. In relation to your requests listed numbers 1 and 2, organisations in attendance at the meeting have been listed within Annex A of the report.

In relation to the names and roles of individuals outwith of the Scottish Government who attended this meeting, we have withheld this information under exemption s38(1)(b).

Furthermore, the names and roles of Scottish Government junior officials under Senior Civil Servant (SCS) level have been redacted under exemption s38(1)(b). In relation to the request listed number 3, all organisations who attended the meeting are listed at Annex A of the attached document.

Following an extensive electronic records search, I can confirm, in relation the requests listed numbers 4 and 5, this information is not held by the Scottish Government.

Therefore, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

In relation to the request listed number 6, the report from the meeting held on 15 July 2019 has been enclosed and contains the discussions and conclusions. Any other information requested is not held by the Scottish Government.

Therefore, as explained above, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG