Getting data

sharing right for

every child

Maureen H FalconerRegional Manager – ScotlandInformation Commissioner’s Office

The Supreme Court Judgment

Disproportionate interference, breaching Article 8 of the European Convention on Human Rights

Specifically:

• Parents may believe they must accept Named Person’s advice and that failure to do may be viewed negatively;

• Guidance for practitioners is too limited to address proportionality decisions and criteria too low to override duties of confidentiality.

Challenge from the past…

“It cannot be beyond our wit to put in place ways of identifying early those children at risk of deliberate harm, and to put in place the means of securing their safety and proper development.”

Lord Laming 2009

Child Protection in England Inquiry

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The 1st & 2nd Principles

Personal information must be fairly and lawfully processed

Personal information must be processed for limited purposes

Fair processing

• Tell people! – update or create a privacy

notice

• The who, what, why, where and how of

sharing

• Useful when considering new or different

ways of using personal information

• Allows you to identify and manage privacy

risks

• Communication tool

Lawful: Schedule Conditions

Personal data:

Consent

Contract

Legal obligation

Vital interests

Public function/interest

Legitimate interests of the data

controller and third party but not

prejudicial to individual

Sensitive personal data:

Explicit consent

Employment law

Vital interests

Not-for-profit TU/religious/

political/philosophical groups

Already in public domain

Legal proceedings/advice

Public functions

Anti-fraud activity

Medical purposes

Equal Opps Monitoring

Substantial public interest

(SI2000/417)

Lawful: purpose

Local Government (Scotland) Act 2003

20 Power to advance well-being

1. A local authority has power to do anything which it considers is likely to

promote or improve the well-being of—

a) its area and persons within that area; or

b) either of those.

3. The power under subsection (1) above may be exercised in relation to, or

for the benefit of—

a) the whole or any part of the area of the local authority;

b) all or some of the persons within that area.

The 3rd & 5th Principles

Personal information must be adequate, relevant and not excessive

Personal information must not be kept for longer than is necessary

The 4th, 6th, 7th & 8th Principles

Personal information must be kept secure

Personal information must be accurate and, where necessary, up to date

Personal information must be processed in line with individual’s rights

Personal information must not be transferred internationally without adequate protection

Policies & Procedures

ICO Guidance

Can you share?

Yes you can!

Data Sharing Code of Practice

Do you need to share personal data?

Do you have the power to share?

Have you told people this type of sharing may happen?

What is the purpose and is it justified?

Is the sharing proportionate to the issue?

Is the data fact or opinion?

Is the sharing secure and to an appropriate person?

Is the data given in confidence?

What’s the risk of sharing and not sharing?

Have you recorded your reasons?

Do you need a data-sharing agreement?

Learning from the past?

“The suffering and death of

Victoria was a gross failure of

the system and was

inexcusable.”

Lord Laming 2003

Victoria Climbie Inquiry

“What has clearly emerged, at least to us, is a failure of the system compounded of several factors of which the greatest and most obvious must be that of the lack of, or ineffectiveness of, communication and liaison.”

T.G. Field-Fisher 1974

Maria Colwell Inquiry

“The loss of this intelligence cannot

be blamed on the data protection

legislation. [It was] caused by the

failings of Humberside Police’s

record-keeping systems.”

Sir Michael Bichard 2004

Jessica Chapman & Holly Wells

Inquiry

“There was no system in place whereby one of the agencies responsible for Declan’s well-being was in overall charge and there was no system whereby one named individual was responsible for coordinating all available information.“

Declan Hainey Fatal Accident Inquiry 2014

Scotland Office:

45 Melville Street

Edinburgh EH3 7HL

T: 0131 244 9001 E: scotland@ico.org.uk

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