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Old 08-01-14, 17:59
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Default Latest from the Data Management Board

The latest minutes from the Scottish Government's Data Management Board can be found here. We have Elaine to thank for drawing our attention to the last lot

What you won't find on that page are links to these background papers - so I'll give them each their own thread. Had hoped to sort all this information into something easier to read but there is a lot of it and my brain won't work

Two things which jumped out immediately and confirmed what most of us had suspected or known for a long time were:

1. That the Local Government Scotland Act 2003 is to be used (and has been used in Stirling) to share everything on everybody.Friends SOTB note that there is an English version of this legislation(Local Government Act 2000.)

Quote:
ANNEX B - STIRLING COUNCIL DATA SHARING TO SUPPORT VULNERABLE YOUNG PEOPLE - EXERCISING THE POWER OF WELL-BEING

1.Stirling undertook analysis around its powers to share. The following is an extract from Council papers (May 2013): ‘The submitted report sought the Council’s consent to exercise the power of well-being contained within the Local Government in Scotland Act 2003 to legitimise the collection, sharing and use of personal data on all children for the Vulnerable Children and Young People Project.… the Information Commissioner’s Office had endorsed the proposal and that the Council had chosen, as a matter of good practice, to undertake a Privacy Impact Assessment.’

Report extract

Stirling Council’s powers

3.9 Stirling Council derives its powers entirely from statute. To ensure that it does not act beyond its powers, the Council must ensure that all of its actions are provided for in statute.

3.10 There are no express statutory powers to collect, use and share data in relation to children and young people provided for in statute. Further, the consultation paper on the proposed Children & Young Person's Bill, which was published in July 2012, stated at paragraph 120 that the Act will not contain new express statutory powers to share information between services where there are concerns about children & young People. Instead, whilst acknowledging that “information sharing can be a complex and, at times, confusing legal environment for practitioners” the consultation paper provided that “the intention is that information sharing would occur within existing legal frameworks”.

3.11 Section 69 of the Local Government (Scotland) Act 1973 provides that Local Authorities are empowered to do anything which is "calculated to facilitate, or is conducive to or incidental to the discharge of any of its functions”. This enables the Council to look to the service or function which the data sharing supports for its implied power to data share.

3.12 Under the Children (Scotland) Act 1995 the Council has a duty to safeguard and promote the welfare of looked after children and to promote the welfare of children in need. Data sharing clearly will support the discharge of these functions and so the data sharing may be legitimised but only for looked after children and children in need. The Vulnerable Children and Young People Project seeks to share data about all children and so the terms of The Children (Scotland) Act 1995 are insufficient to legitimise the Project.

The Power of Well-being

3.13 The Local Government in Scotland Act 2003 provides the Council with a discretionary 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.”

3.14 The term "well-being" is not defined in the Act but there is some assistance to be found in the statutory guidance issued by the Scottish Ministers on the 2003 Act, to which Local Authorities are obliged to have regard (see Appendix 1). This refers at Paragraph 1.4 to the Act as an "important part of the Scottish Executive's local government modernisation agenda and its drive to see continuous improvement in public services" and to “enable local authorities to work and deliver in partnership with other agencies and communities”. It also specifically refers at Paragraph 1.6 to social factors such as “looking after the needs of children and young people, particularly the most vulnerable” as a key factor which would contribute to the promotion or improvement of well-being.

3.15 The guidance makes it clear that this power is a broad ranging power and refers

to it as "a power of first resort", to be used when there is doubt about whether existing powers would enable a particular course of action or service delivery. The power is subject to various limitations none of which apply in these circumstances.

3.16 It is considered that the Vulnerable Children and Young Persons Project is a legitimate use of the power of well-being.

2. When they talk about data, they mean everything!

Quote:
DATA MANAGEMENT BOARD: BACKGROUND AND TERMS OF REFERENCE



Scotland’s Digital Future: Delivery of Public Services set a number of objectives in relation to effective use and management of public sector data, both to improve service delivery and to promote economic growth. Annex A provides general background on the range of data strands and cross cutting issues, and Annex B provides a glossary of key terms.

It is important to note ‘data’ is used here in the broadest possible sense: all recorded information.

It may be recorded electronically, on paper or in any other form, by a person, machine, automatically or otherwise.

It may or may not be organised in databases or files, and it may be structured, semi-structured or unstructured.

It may take various forms, including numerical, text, chart, video, image, animation, sound and so on.

It may relate to any subject, such as a person, household, organisation, product or area, it may relate to opinions, behaviour, transactions, characteristics, status, and it may or may not be personal, sensitive or private.

When Scotland’s Digital Future was published in September 2012 some relevant work streams were already in place but in order to provide greater coherence a new structure is being established. Annex C provides information.

The purpose of the Data Management Board is to provide strategic direction across all data activity to ensure that across Scotland the best use of data in all forms is being made to support growth and improve public services, and that public trust is maintained.

It is anticipated that the Data Management Board will meet biannually for the foreseeable future and will:

Assist in the identification of strategic challenges and advise on the optimal approach for tackling them;

Advise on aims, opportunities, ethics and risks relating to improved use of data;

Act as ambassadors for improved use of data across all of the public sector;

Consider progress reports and plans from the sub-groups and work streams, providing strategic oversight and direction to keep all activity focused on delivering improved public services and economic growth across Scotland;

Facilitate co-ordination with related programmes or initiatives, including at an international level.
Will try to reread more carefully later but will post the content here in the meantime in case it goes walkies from the web
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Old 08-01-14, 18:05
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Default Paper 1 - Background And Terms Of Reference

http://www.scotland.gov.uk/Topics/Ec...rmsOfReference

DATA MANAGEMENT BOARD: BACKGROUND AND TERMS OF REFERENCE





Issue




‘Scotland’s Digital Future: Delivery of Public Services’ set a number of objectives in relation to effective use and management of public sector data, both to improve service delivery and to promote economic growth.



The purpose of the Data Management Board (DMB) is to provide strategic direction across all data activity to ensure that across Scotland the best use of data in all forms is being made to support growth and improve public services, and that public trust is maintained



This paper describes the background and offers the DMB Terms of Reference



Decisions Required




The Board is asked:



a) approve the Terms of Reference



b) note the content of the annexes.



Prepared by




Mike Neilson and Sara Grainger

DATA MANAGEMENT BOARD: BACKGROUND AND TERMS OF REFERENCE



Scotland’s Digital Future: Delivery of Public Services set a number of objectives in relation to effective use and management of public sector data, both to improve service delivery and to promote economic growth. Annex A provides general background on the range of data strands and cross cutting issues, and Annex B provides a glossary of key terms.

It is important to note ‘data’ is used here in the broadest possible sense: all recorded information.

It may be recorded electronically, on paper or in any other form, by a person, machine, automatically or otherwise.

It may or may not be organised in databases or files, and it may be structured, semi-structured or unstructured.

It may take various forms, including numerical, text, chart, video, image, animation, sound and so on.

It may relate to any subject, such as a person, household, organisation, product or area, it may relate to opinions, behaviour, transactions, characteristics, status, and it may or may not be personal, sensitive or private.

When Scotland’s Digital Future was published in September 2012 some relevant work streams were already in place but in order to provide greater coherence a new structure is being established. Annex C provides information.

The purpose of the Data Management Board is to provide strategic direction across all data activity to ensure that across Scotland the best use of data in all forms is being made to support growth and improve public services, and that public trust is maintained.

It is anticipated that the Data Management Board will meet biannually for the foreseeable future and will:

Assist in the identification of strategic challenges and advise on the optimal approach for tackling them;

Advise on aims, opportunities, ethics and risks relating to improved use of data;

Act as ambassadors for improved use of data across all of the public sector;

Consider progress reports and plans from the sub-groups and work streams, providing strategic oversight and direction to keep all activity focused on delivering improved public services and economic growth across Scotland;

Facilitate co-ordination with related programmes or initiatives, including at an international level.

ANNEX A - The Digital Public Services strategy

The Digital Public Services strategy sets out three strands of data activity and four cross-cutting themes have been identified.



Strands

Data Sharing - the sharing of personally-identifiable information between people or organisations to provide an integrated service to the individual in question.

Data Linkage - joining two or more datasets for statistical or research purposes where there is no direct impact on an individual because of information about that individual being linked.

Open Data - making non-personal information more accessible and encouraging its reuse. ‘Big Data’ is considered part of this strand insofar as it relates to web-generated or sensor-generated non-personal data.



Cross-cutting themes

Data Quality - the accuracy and completeness of records on which all subsequent work with data depends.

Data management: Skills and resources – the capacity of data controllers and to recognise the value and make data accessible

Data use: Skills and resources – the capacity of potential users to receive and make good use of data

Public awareness raising, consultation and empowerment – loss of public confidence in how the public sector uses data could lead to individuals with-holding information necessary for the effective delivery of services and this risk must be mitigated.



ANNEX B - GLOSSARY



Personal data

Data that relates to an individual and from which that individual can be identified.



Anonymisation and Pseudonymsation

Process of turning personal data into non-personal data by, for example, removing unique identifiers or aggregating data into summary statistics. The use of “pseudonymisation” recognises the fact that very rarely can the risk of re-identifying an individual through data be removed completely.



Big data

Very large, complex data sets that require innovate analytical techniques and tools to analyse (almost by definition, the public sector has not hitherto dealt in Big Data). Increasingly the term “big data” is being used to describe what is actually just “data”.



Open data

Data that are accessible on-line. There is a scale of ‘openness’ and often when people speak about “open data” they are referring only to data that is accessible at the 5* level:

* on the internet and with an open license

** machine readable (e.g. in excel, rather than in a PDF)

*** non-proprietary format (e.g. csv rather than excel)

**** open standards based (e.g. RDF (Resource Description Framework)). This increases the ability of machines to find and read the data.

***** linked open standards data (see linked data below)



Linked data

This refers to the machine readability of data, rather than statistical datasets that have been joined through data linkage. Some argue that it is a central component of the next generation of the internet in which web links apply to every data point, not just pages.



Data Linkage

Joining two or more datasets for statistical or research purposes. Typically it is administrative or survey dataset that are linked but that could change.



Transactional data

Data generated automatically through machine-machine interactions or human-machine interactions, for example through internet banking, shopping etc. There is a huge variety in the type of data generated through or by machines, from highly structured transactional data about use of public services, consumer buying patterns and use of financial services; to observations generated through ‘crowd sourcing’ or collecting data from smartphones, qualitative sources and completely unstructured data such as from social networks.



Data innovations

Related to the creation of new data are developments in technology. From technologies that allow us to represent data in a more open way (Open Data) to the systems that allow us to store, retrieve, compute and make available vast data volumes (Big Data). New technologies also allow us to analyse data to produce better insights more efficiently. Importantly, many of these technologies are no longer just the preserve of big government and big commerce and are available to citizens through openly available software on the internet (‘cloud services’) either for free or for relatively modest cost.

DM Organogram



Data Linkage Programme Board: To guide delivery of the data linkage framework.

Data Innovation Group: To promote innovation in data management, open data and big data. Membership will be drawn from the public and private sectors and academia. If the bid for funding for a Data Science Innovation Centre is successful it is anticipated that the steering group for the centre and this group would be one and the same.

Feeding into this group are:

SG Analytical Services: A Data Innovation for Analytical Services programme is newly underway exploring the potential of new data, computing paradigms, skills and software tools to generate greater agility and more powerful insights.

Open Data Group (Network): This public sector group, which will support the wider work of the Innovation group, will seek to identify how best the public sector can work to make its data more available and in turn for the benefits of doing so to be realised.

Spatial Information Board: To ensure spatial data are fully exploited and used in a cost effective manner to support innovative and effective public services; and that INSPIRE (Scotland) Regulation requirements are met.

Data Sharing Workstreams: Work is currently underway to scope whether a cross sector approach to this issue can add value to policy specific initiatives. The two main work streams relate to ‘data for direct delivery’ and ‘data for improved analytics’ respectively, the latter relating closely to the Data Linkage Framework and emerging plans for a Data Privacy Advisory Committee.
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Old 08-01-14, 18:07
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Default Paper 2 - Vision and Cross-cutting Issues

http://www.scotland.gov.uk/Topics/Ec...scuttingIssues

Item 2 (a)

VISION AND CROSS-CUTTING ISSUES



Issue




This paper is intended as a basis for discussion about the long-term outcomes sought regarding data use across Scotland, and the key strategic issues.



Decisions Required




The Board is asked:
a) to agree the vision, ‘to enable, support and encourage better use of data in all forms, to stimulate the economy and attract business; develop research and innovation; increase transparency and democratic accountability; and increase the efficiency and effectiveness of public services’ and the related outcomes described in the paper; and b) to give its view on the analysis in Section B, highlight if there are any omissions, and comment on the issues where we think further work is needed: - Develop a consistent approach to charging for data, which takes account of the benefits of making data readily available to the private sector; - How to build the necessary skills and capacity to be able to make best use of the data that we have; - How to manage public engagement around openness, transparency and privacy.



Prepared by




Mike Neilson and Sara Grainger

VISION AND CROSS-CUTTING ISSUES

Section A: Where we want to be

1.The purpose of the Scottish Government is to create a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth. To this end, all public sector activity is required to contribute to a set of National Outcomes, of which a strategic approach to data across Scotland could contribute directly to the following three:

We live in a Scotland that is the most attractive place for doing business in Europe

We are better educated, more skilled and more successful, renowned for our research and innovation

Our public services are high quality, continually improving, efficient and responsive to local people’s needs.

2.The Data Management Board are asked to consider the proposition that the optimal strategic approach to the use of data for achieving these National Outcomes is to enable, support and encourage better use of data in all forms, to stimulate the economy and attract business; develop research and innovation; increase transparency and democratic accountability; and increase the efficiency and effectiveness of public services.

3.This is set out in the diagram on the following page, which also includes proposals on the necessary conditions and drivers for delivery of the outcomes, and the primary links between them.

DMB

Section B: Issues and points for discussion

4.This section provides information on issues that cut across data linkage, data sharing, and data innovation.

European Commission’s legislative proposals for data protection

5.The European Commission published legislative proposals for data protection on 25 January 2012. The proposals contain a draft Regulation (setting out a general EU framework for data protection) and a draft Directive (covering processing in the area of police and judicial co-operation). The draft Regulation will repeal and replace the Data Protection Directive 95/46/EC, which is implemented into UK law by the Data Protection Act 1998.

Trade-off between making data accessible to stimulate the economy and raising revenue

6.How to leverage the asset most effectively is a question and there is a choice to be made between (a) bearing the costs (both direct and indirect) of making more data more freely available in the hope that it will stimulate economic and commercial activity (or more effective and efficient operational delivery of services) or (b) seeking to use the information assets more strategically to generate revenue/income, and thereby reduce the costs on the Scottish budget.

7.The technical and analytical capacity currently within public sector organisations to make use of large, or semi-structured, or novel-sources of data is limited, as is the capacity to make use of novel software tools, including freeware. The barriers to greater innovation include the strongly controlled IT infrastructure made available to many public sector workers and slow development of skills and capability within the workforce.

8.There are conflicting demands on IT infrastructures for security and manageability with openness, flexibility and agility. New paradigms for corporate computing coupled with an increasingly skilled workforce may help to create the environment for innovation in time. In the short term, establishing small scale pathfinders may allow us to prove these approaches and foster the culture we wish to build.

9.It is in the private sector where major advances are being made in Big Data. For example the energy industry and motoring industry are increasingly building sensors into products such as wind turbines and cars, which produce Big Data that has the capacity to be used on a real-time basis as well as collated over time for retrospective analytics. The same is true for internet companies such as Google and Twitter, who are at the forefront of leveraging value from Big Data captured through everyday internet use across the world.

10.The role of the Private Sector raises a question of approach: to what extend should the public sector invest in a) emulating these successes within the public sector and b) encourage and support those types of private sector innovations within Scotland.

11.The other key question relates to data sharing between the public and private sectors to increase the value of data. Making data fully “open” obviously means that the private sector has free and easy access to it, and that is not appropriate for personal data, but there is not a simple dichotomy between ‘non-personal’ and ‘personal’ data or between data being accessible or not, so there are choices to be made along both axes. This issue is addressed in the paper on data innovation.

12.The public sector has a lot of information on what services are given to people whilst private sector has data on what people choose to do. Bringing these together could create the potential for very insightful analysis. However the issues and complexity of doing so should not be underestimated. Data exchanges between the public and private sector is a sensitive issue that raises significant levels of concern amongst some. Scottish Government have recently commissioned research into this that will report in September.

Empowered citizens and public acceptability

13.There are both a range of issues about empowering citizens in decision making about data, and a range of issues about empowering citizens through more innovative uses of data and data related technologies.

14.The Public Sector in Scotland currently involve the public in decision making about how, when and why data are collected and used through traditional methods such as consultations, focus group and research. There is increasing potential to use digital methods for this purpose, as well as increasing need to engage with citizens about use of data as the capacity to collate, store, and share data rises exponentially.

15.In terms of empowering citizens through technology, it is clear that with an increasingly technology aware and skilled population, the availability of greater computing power and tools the potential for citizens to make use of public data has never been greater. These changes could transform citizens’ relationship with government, create greater engagement, release creativity and allow them to contribute not just to improvements in public services but also to generating greater economic prosperity.

16.Traditional methods for informing and arranging public services for people (e.g. making hospital appointments, enrolling children in school and so on) has involved the public services keeping written or electronic records – administrative systems – from which data can be extracted with greater or lesser ease to produce datasets for statistical analysis. As public services make more use of digital technologies data can be collected more efficiently, and the possibility of individuals being able to easily “opt in” or “opt out” to the data they enter being used, shared and analysed for different purposes arises. This brings forth a range of issues about data value, consent and other governance mechanisms: should citizens be able to opt-in or opt-out of data being used for research which may be for the greater public good?

Strategic Data Management and Use across the Public Sector

17.NSS:ISD provides a case study of the benefits to Scotland that can emerge when the value and potential of structured data held by public bodies is recognised. NSS:ISD have been able to make data available for research and in so doing have:

stimulated the economy and attract business

developed research and innovation

increased transparency and democratic accountability

and increase the efficiency and effectiveness of public services.

18.Similar approaches across all public sector organisations could achieve similar benefits. Within Scottish Government we are seeking to make progress by exploring the how we manage our data assets so that we can provide a clear picture of what our datasets are. Work is planned to fully scope the potential for a corporate data management platform for analytical services and move towards delivery subject to costs and benefits identified.

19.This does require organisations first to understand the potential value of the data they hold and to share information about the data they hold more widely.

Conclusion

20.It seems clear that by making relatively modest investment in enabling public sector use of data we can make significant change. Long term benefit will be unlocked by ensuring the education system and skills development are also aligned to create the skills we need as an economy but in the shorter term major advances could be made.

21.Analysis in this paper identifies some important issues, many of which are being taken forward, including in other papers for this board meeting. The board is asked to give its view on the analysis, and in particular on the issues where we think further work is needed:

·The case to develop a consistent approach to charging for data, which takes account of the benefits of making data readily available to the private sector;

·How to build the necessary skills and capacity to be able to make best use of the data that we have;

·How to manage public engagement around openness, transparency and privacy.
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Default Paper 3 - Data Linkage Framework

http://www.scotland.gov.uk/Topics/Ec...nkageFramework



Item 3 (a)

DATA LINKAGE FRAMEWORK



Issue




Data Linkage is one of the three strands of data activity set out in the Digital Public Services strategy.

This paper reports on progress and plans for the Data Linkage Framework.



Decisions Required




This paper is for information.

Comments are welcome and will be considered by the Data Linkage Framework Programme Board.



Prepared by




Sara Grainger

Background

1.In November 2012 we published Joined Up Data for Better Decisions: A Strategy for improving data access and analysis, and the associated Guiding Principles for Data Linkage. 2.The Data Linkage Framework is focussed on the linkage of data for research and statistical purposes where there is no direct impact on an individual because of information about that individual being linked. This includes production of Official Statistics, research resources, and ad-hoc research projects.

Data Linkage Framework Programme Board

3.The Data Linkage Steering Group last met in December 2012 and has subsequently split into the Data Management Board and the Data Linkage Framework Programme Board. The draft terms of reference for the Programme Board is given in Annex A. The Board met on 17 April 2013 and considered progress and plans on the main work streams, as follows:

Development of the Data Linkage Service to oversee and guide the direction and operations of the Data Sharing and Linking Service, and to offer advice to data custodians on cross-sectoral linkage applications.

The consultation on how the Data Linkage Service will operate closed on 31 May and responses will now be analysed. That analysis will be considered alongside other developments, on which details are just emerging, such as the recent successful bid to develop a Farr Health Informatics Institute in Scotland, and forthcoming call for bids from the ESRC relating to Administrative Data Research Centres and Information Gateway.

Development of a National Privacy Advisory Committee to oversee and guide the direction and operations of the Data Sharing and Linking Service, and to offer advice to data custodians on cross-sectoral linkage applications.

NSS:ISD are currently consulting on a proposal for a NHS-wide Privacy Advisory Committee (PAC) and work is underway to consider if it would be sensible and beneficial for the NHS-PAC to subsequently grow into a cross-sectoral PAC, or if a different solution, such as a small number of PACs working for different sectors but to the same principles and processes, may be preferable. Exploratory work is still at early stages, and will also consider developments at a UK level such as those emanating from the Administrative Data Task Force report.

Public acceptability and ethics

Scottish Government have contracted Ipsos-Mori in partnership with Edinburgh University to deliver a research project to improve our understanding of:

the views of members of the public on use and sharing of personal data by the public, private and third sectors

what ‘the public’ consider to be “in the public interest” when personal data are shared and used

options for mitigating concerns that members of the public have.

whether the public think about “public benefit” differently in relation to the private sectors’ use of personal data compared to the public sectors’ use of personal data?

What methods of “benefit sharing” are most acceptable to the public?

What methods could be most effective and efficient in empowering citizens in decision making about how their data are used?

The research will report in September.

ANNEX A - DRAFT TERMS OF REFERENCE FOR THE DATA LINKAGE FRAMEWORK PROGRAMME BOARD

1.The programme board is responsible for directing delivery of the Data Linkage Framework which, as set out in Joined Up Data For Better Decisions, aims to:



build on existing successful programmes collaboratively to create a culture where legal, ethical, and secure data-linkage is accepted and expected;

minimise the risks to privacy and enhance transparency, by driving up standards in data sharing and linkage procedures;

encourage and facilitate full realisation of the benefits that can be achieved through data-linkage to maximise the value of administrative and survey data.

2.The Data Linkage Framework Programme Board will meet quarterly until both the Data Linkage Centre and the Privacy Advisory Committee are in place. It reports to the Data Management Board.



3.The Board is responsible for ensuring effective, joined-up delivery of the Data Linkage Framework in line with the Guiding Principles for Data Linkage. It will do this by:

Directing delivery of the Data Linkage Centre; the National Privacy Advisory Committee; the roll-out of the Guiding Principles.

Ensuring resources are allocated appropriately across the programme, monitoring spend and identifying opportunities for efficiencies

Co-ordinating the dependencies between the projects

Monitoring and mitigating risks to effective and sustainable delivery of the Data Linkage Centre and National Privacy Advisory Committee

Facilitating co-ordination with related programmes or initiatives, including UK wide responses to the Administrative Data Taskforce recommendations

Bringing together the Data Linkage Framework and the ScottisH Informatics Programme (SHIP) as and where appropriate and beneficial in delivering the aims above.



Andrew Morris, Scottish Government (CHAIR)

Chris Dibben, St Andrews University

Roger Halliday, Scottish Government

John Frank, Scottish Collaboration for Public Health Research and Policy

Sara Grainger, Scottish Government

Maureen Falconer, Information Commissioner’s Office

Tim Ellis, National Records of Scotland

Pete Whitehouse, Scottish Government

Vanessa Cuthill, Economic and Social Research Council

ISD representative (to be clarified following Susan Burney’s retirement)

Lay-person representation on the group is still to be arranged.

Observers from Wales, Northern Ireland and England statistics agencies.
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Default Paper 4 - Data Sharing and Data Privacy In Service Delivery

Item 3 (b)

DATA SHARING AND DATA PRIVACY IN SERVICE DELIVERY





Issue




Data Sharing is one of the three strands of data activity set out in the Digital Public Services strategy.



This paper covers the objectives for data sharing and data privacy and proposes actions to deliver against these.



Decisions Required




The Board is asked to consider and agree the key recommendations in this paper to support key building blocks:



a. Creation of webpage to bring together guidance and best practice

b. Archive Scottish Executive Legal Guidance on Data Sharing for the public sector (2004)

c. Advocate use of SASPI across Scottish public sector – including the use of it to promote cultural change and increase trust to share.

The Board is also asked to:

d. Recognise that there will be a need to address the cultural and trust issues which exist. The board is invited to identify any further actions which are required to overcome these and facilitate data sharing.



Prepared by




Mike Neilson and Stephen Peacock

Purpose

To identify objectives for data sharing and data privacy in the strategy “Scotland’s Digital Future: delivery of Public Services”; to propose actions to deliver against these; and to seek views.

Background

1.The Strategy identifies the benefit of service providers sharing personal data in order to improve the quality and effectiveness of public services. It also notes that this must be done with proper regard to privacy of personal data. In order to facilitate appropriate sharing of personal data we need to: ·Have frameworks and guidance that support proper handling of personal data. In particular the strategy included a commitment to review the Scottish Executive’s Data Sharing: Legal Guidance for the Public Sector (2004).

Address any barriers that are inhibiting proper sharing of personal data by service providers.

While research will inform future service delivery this paper does not consider sharing in the context of such research and analysis.

Guidance 2. The Data Protection Act (DPA)) and its oversight by the Information Commissioner and his Office (ICO), is a reserved matter but we have identified a number of areas where we can make improvements. 3.Those who share or have considered sharing personal data have told us that the guidance listed below is accessible, helpful and practical (in part because some parts of the public sector have worked with the ICO to make it so). They have highlighted to us that there are no shortcuts with data sharing - guidance must be followed (including taking legal advice on occasions). The key resources are (further details in Annex A):

ICO support and guidance

Scottish Government’s Identity Management and Privacy Principles

4.We propose that [Scottish Government] web pages should provide links to these documents and provide case study examples. Organisations would then determine the most appropriate route for their needs. 5.Our review of the Scottish Executive’s Legal Guidance on Data Sharing for the public sector (2004) showed it to be out of date and in a style that is not accessible to the lay practitioner. While it contains some useful information practitioners those we consulted felt that it is not now needed since in the intervening 10 years the ICO and others have produced more accessible and practical guidance. They also felt that guidance from the Regulator had ‘status’. It is therefore proposed that the document be archived, and any content not covered elsewhere will be added to the proposed webpages.

Barriers Impeding Data Sharing and Sharing Good Practice

6.There are many examples of intra and inter-organisational data sharing taking place across Scotland but it also seems that sharing may not take place due to: ·lack of understanding of the DPA ·feelings of data ownership, and linked silo approaches to delivery. We need to dispel misunderstanding and promote examples of helpful data sharing that adheres to the DPA. It will be important for senior management to support data sharing both within and between organisations. This will help to give practitioners a level of confidence. Adoption of SASPI as set out at paragraph [9] below could be an important step. Other potentially helpful steps include dissemination of the High Level Operating Framework (HLOF). This has been produced to set a general framework for use of information and communication technology in the development and delivery of public services. The audience for this is senior managers -and not just ICT staff - and it supports data sharing, including but not only in its emphasis on the technical interoperability required to support sharing. 7.Web pages to publicise guidance can, as noted, also provide examples. Annex B contains an example of how Stirling Council made a case to share (defining outcomes it wishes to achieve); worked with the ICO and undertook a privacy impact assessment (PIA). This example supported national policy on GIRFEC ( Getting it Right for Every Child) and the need to agree data sharing with partners, such as the police and NHSScotland, who will need to decide what data they can share and when in support of shared outcomes. Following ‘process’ and agreeing when data should only be shared, for example only with the input of a professional, will be part of this analysis and agreements. 8.Professional bodies can also play a part in supporting its members in understanding when it is ‘OK to share’ (e.g. eHealth has reported recent useful guidance issued by the GMC). Established groups such as SOCITM expert groups could be also used as a vehicle to increase awareness and share best practice.

Adoption of SASPI

9.In addition to the key guidance already identified. A number of organisations have also being using SASPI (Scottish Accord for the Sharing of Personal Information). SASPI is a framework, for service providing organisations directly concerned with the wellbeing and safety of an individual, to share personal information between them in a lawful and intelligent way (further information Annex C). SASPI offers accessible and practical guidance. 11.SASPI has already been used by a number of areas in Scotland and is being promoted as good practice by eHealth/Social Care’s Data Strategy Technical Board. In Wales the whole Welsh public sector has adopted WASPI (on which SASPI is based) and adoption and use has increased trust. SASPI requires that the Chief Executive/Office of the organisation must formerly adopt the accord. It would be helpful if the Board advocated the adoption of SASPI. In this way, legislation to provide for sharing would be considered as a last resort, only after all other approaches recommended by the SG and ICO have been attempted. Gaining the trust to share should always be tried first.

12. Legislation is however being used to create a duty to share in the interests of a child’s wellbeing.

European Commission’s legislative proposals for data protection

13.Finally, it should be noted that the European Commission published legislative proposals for data protection on 25 January 2012. The proposals contain a draft Regulation (setting out a general EU framework for data protection) and a draft Directive (covering processing in the area of police and judicial co-operation). The draft Regulation will repeal and replace the Data Protection Directive 95/46/EC, which is implemented into UK law by the Data Protection Act 1998. Further details can be found in the Annex A of Board Paper DMB(1)2, including consideration of topics which may impact on data sharing, in particular, the definitions of personal data and data subject, consent and the right to be forgotten.

Conclusion and Next Steps

14. The Board is asked to consider and agree the key recommendations in this paper to support key building blocks:

a. Creation of webpage to bring together guidance and best practice

b. Archive Scottish Executive Legal Guidance on Data Sharing for the public sector (2004)

c. Advocate use of SASPI across Scottish public sector – including the use of it to promote cultural change and increase trust to share.

The Board is also asked to:

d. Recognise that there will be a need to address the cultural and trust issues which exist. The board is invited to identify any further actions which are required to overcome these and facilitate data sharing

13. The Digital Public Services Division will facilitate the implementation of the recommendations, establishing if required, a short term data sharing working group to support implementation.

ANNEX A - KEY GUIDANCE/RESOURCES

ICO Support 1.Includes Guidance; check lists; Codes (particularly the Data sharing code of practice and a Privacy Impact Assessment Handbook which are well received. The ICO in Scotland can be contacted for help and advice. ICO is of the view that the law does not stop legitimate data sharing. ICO has recently made a joint statement with the SG making it clear that harm should not be as a result of data not being shared (extracts at Annex A).

ICO Statement on data sharing (‘information sharing update’) – April 2013

The Information Commissioner has produced advice specifically relating to information sharing under existing law where a child's wellbeing is at risk and the concern is less than that required to trigger child protection procedures. The ‘update’ (Information Sharing Between Services in Respect of Children and Young People) is from Dr Ken Macdonald, Assistant Information Commissioner, Scotland and Northern Ireland. Below are two extracts which Ken put in bold:

‘Where a practitioner believes, in their professional opinion, that there is risk to a child or young person that may lead to harm, proportionate sharing of information is unlikely to constitute a breach of the Act in such circumstances.’

‘It is very important that the practitioner uses all available information before they decide whether or not to share. Experience, professional instinct and other available information will all help with the decision making process as will anonymised discussions with colleagues about the case. If there is any doubt about the wellbeing of the child and the decision is to share, the Data Protection Act should not be viewed as a barrier to proportionate sharing.’

Scottish Government’s Identity Management and Privacy Principles 2.The Privacy Principles were developed by an Expert Group, the principles provide guidance to public sector organisations on identity management and privacy, including the sharing of personal data. The overarching point is responsible management of personal data in compliance with the relevant legal requirements. Data can be shared where there is a business need to do so. However, there should be an avoidance of creating large centralised databases, this does not mean however, that data cannot be linked where there is a requirements.

ANNEX B - STIRLING COUNCIL DATA SHARING TO SUPPORT VULNERABLE YOUNG PEOPLE - EXERCISING THE POWER OF WELL-BEING

1.Stirling undertook analysis around its powers to share. The following is an extract from Council papers (May 2013): ‘The submitted report sought the Council’s consent to exercise the power of well-being contained within the Local Government in Scotland Act 2003 to legitimise the collection, sharing and use of personal data on all children for the Vulnerable Children and Young People Project.… the Information Commissioner’s Office had endorsed the proposal and that the Council had chosen, as a matter of good practice, to undertake a Privacy Impact Assessment.’

Report extract

Stirling Council’s powers

3.9 Stirling Council derives its powers entirely from statute. To ensure that it does not act beyond its powers, the Council must ensure that all of its actions are provided for in statute.

3.10 There are no express statutory powers to collect, use and share data in relation to children and young people provided for in statute. Further, the consultation paper on the proposed Children & Young Person's Bill, which was published in July 2012, stated at paragraph 120 that the Act will not contain new express statutory powers to share information between services where there are concerns about children & young People. Instead, whilst acknowledging that “information sharing can be a complex and, at times, confusing legal environment for practitioners” the consultation paper provided that “the intention is that information sharing would occur within existing legal frameworks”.

3.11 Section 69 of the Local Government (Scotland) Act 1973 provides that Local Authorities are empowered to do anything which is "calculated to facilitate, or is conducive to or incidental to the discharge of any of its functions”. This enables the Council to look to the service or function which the data sharing supports for its implied power to data share.

3.12 Under the Children (Scotland) Act 1995 the Council has a duty to safeguard and promote the welfare of looked after children and to promote the welfare of children in need. Data sharing clearly will support the discharge of these functions and so the data sharing may be legitimised but only for looked after children and children in need. The Vulnerable Children and Young People Project seeks to share data about all children and so the terms of The Children (Scotland) Act 1995 are insufficient to legitimise the Project.

The Power of Well-being

3.13 The Local Government in Scotland Act 2003 provides the Council with a discretionary 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.”

3.14 The term "well-being" is not defined in the Act but there is some assistance to be found in the statutory guidance issued by the Scottish Ministers on the 2003 Act, to which Local Authorities are obliged to have regard (see Appendix 1). This refers at Paragraph 1.4 to the Act as an "important part of the Scottish Executive's local government modernisation agenda and its drive to see continuous improvement in public services" and to “enable local authorities to work and deliver in partnership with other agencies and communities”. It also specifically refers at Paragraph 1.6 to social factors such as “looking after the needs of children and young people, particularly the most vulnerable” as a key factor which would contribute to the promotion or improvement of well-being.

3.15 The guidance makes it clear that this power is a broad ranging power and refers

to it as "a power of first resort", to be used when there is doubt about whether existing powers would enable a particular course of action or service delivery. The power is subject to various limitations none of which apply in these circumstances.

3.16 It is considered that the Vulnerable Children and Young Persons Project is a legitimate use of the power of well-being.

Scheme of Delegation

3.17 Stirling Council's Scheme of Delegation expressly reserves to Council the power to make a decision to exercise the power of well-being. Council is invited to exercise the power thereby making the collection, sharing and use of personal data on all children for the Vulnerable Children and Young People Project within its powers.

Privacy Impact Assessment

3.18 The Council has chosen, as a matter of good practice, to undertake a Privacy Impact Assessment. The purpose of the Privacy Impact Assessment is to identify the potential effects of the collection, sharing and use of the personal data upon the privacy of the children and young people and to examine how any such detrimental effects can be overcome. Privacy Impact Assessments are not required by law but are good practice and are encouraged by the Information Commissioner’s Office. They are about more than simply meeting the requirements of the Data Protection Act 1998 and the Data Protection principles but they will evidence compliance with these. Appendix 2 highlights the Privacy Impact Assessment that has been undertaken to date.

ANNEX C - SCOTTISH ACCORD FOR THE SHARING OF PERSONAL INFORMATION (SASPI) Introduction

1.SASPI is a framework, for service providing organisations directly concerned with the wellbeing and safety of an individual, to share personal information between them in a lawful and intelligent way. It is made up of two parts; the Accord and supporting Information Sharing Protocols (ISP). The ISP template sets out the purposes for sharing specific sets of information. It is aimed at operational management and staff, to provide them with details of what they need to address and agree. It is supported by the ICO (see ‘Positive statement of support from the ICO’ below). In Wales the use of the Welsh Accord shows that adopting a common approach has increased ‘trust’. The SASPI has been developed by eHealth and Fife Data Sharing Partnership.

Adoption in Scotland

2.Fife and Dumfries and Galloway have fully adopted the approach and Forth Valley have used it as part of the review process for their existing arrangements. The approach has also been used in national level protocols between NHS and the Scottish Prison Service, and NHS and the Fire Service.

SASPI and eHealth and Social Care

3.SASPI was presented to eHealth/GIRFEC’s Data Sharing Technologies Board (DSTB) in August 2012 by the Fife group that developed it. The DSTB was supportive and agreed to promote it as an example of good practice.

Positive statement of support from the ICO (18 April 2013)

4.‘With ever increasing volumes of partnership working on both a statutory and a non-statutory basis, it is crucial that any sharing of personal data takes place within accordance with the Data Protection Act 1998 and the ICO’s Information Sharing Code of Practice. The adoption and implementation of SASPI as a common standard by partner organisations can only be viewed as a positive step towards ensuring compliance is achieved, thereby reducing risk to the partners and their service users as well as improving outcomes through the greater levels of confidence generated between all parties.’ [Ken Macdonald, Assistant Commissioner ( Scotland & Northern Ireland)
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Default minutes from DMB meeting 27th Sep 2013

Data Management Board, 27 September 2013,
Meeting 2 Notes
1
DATA MANAGEMENT BOARD
Friday
2
7
September
,
Edinburgh
NOTE OF MEETING
Present
Paul Gray
Director General Communities and Governance
(Chair)
Mike Neilson
Director Digital
Andrew
Morris
Chief Scientist
Mike Foulis
Director Children and Families
Roger Halliday
Chief Statistician & Head of Performance
Zoe Ferguson
Chief Researcher & Head of Local Government
and Reform Analytical Services
Susan
Mitchell
Head of
Corporate Services
, Police Scotland
K
en
Macdonald
Assistant Commissioner for Scotland and
Northern Ireland
, ICO
Rosemary Agnew
Scottish Information Commissioner
Graeme Laurie
Professor of Medical Jurisprudence
,
Edinburgh
University
Ian Crichton
Chief Executive of NHS
National Services
Scotland
Vanessa Cuthill
Economic and Social Research Council (by
phone)
Secretariat
/Officials
Sara Grainger
Office of the Chief Statistician and Performance
Tabitha Stringer
Digital Directorate
Jane Morgan
Digital Directorate
Apologies
Edmund Burke
Universities Scotland
Paul Boyle
ESRC (Vanessa Cuthill phoning in to deputise)
Joyce White
SOLACE
Muffy Calder
Chief Scientific Advisor
Neil Logan
Technology Advisory Group member, Chief
Technology Officer Amor Group
Note
of and actions from previous meeting
1.
Paul Gray welcomed
everyone
to the
meeting
. The note of the previous
meeting was accepted as accurate and all actions as either complete and/or being
picked up in subsequent agenda items, with the exception of the paper
on Charging
for Data which is
under preparation.
Data Management Board, 27 September 2013,
Meeting 2 Notes
2
2.
Ian Crichton requested that the
charging
paper focus on providing high level
principles that would assist organisations make decisions about charging for data,
rather than details of the current landscape.
Action
s
1.
C
arried forward
-
Paper on charging for data to be prepared and
circulated
electronically ahead of next meetin
g
(TS)
Landscape
of relevant organisations
3.
The B
oa
rd examined the
paper on the data landscape and the attached
organograms. Members considered that the landscape looked more complex than
was probably necessary and agre
ed that an objective for the Board should be
simplification.
It was however noted that the organograms
on data linkage in
particular could be misleading.
Actions
2.
Officials to
prepare revised organograms clarifying which groups have
a governance role
and which are delivery bodies (TS/SG)
3.
Officials to consider whether
simplification in governanc
e can be
achieved and make recommendations to the Board ( JM)
Digital Public Services
4.
Mike Neilson provided the group with an update
on implementation of the
Digital
Public Services strategy
, noting that data touched upon a number of the
national work streams

Identity
assurance
(
handling
of data), Online Services
(standards), Data Hosting (data in the cloud) and the High Level Operating
Framework (establishin
g data standards).
The National Board
is
due to
meet in
October
. An
annual
update
is being prepared
on the National Strategy and
its
action
plan
.
It was agreed
moving forward
Mike
would provide one pager summary update
for the board
.
Action
s
4.
C
irculate
DPS strategy action plan
update
to the
board
(
JM
)
5.
Provide written one pag
e update for all future meetings
(MN)
Privacy Principles
5.
Group agreed updates to links were fine.
In
relation
to proposed principle 4.7,
Sara clarified the Data Linkage Framework (
DLF) consultation had raised question of
how
the
DLF links to the privacy principles.
The
group felt
this
needed re
-
worded
and
to be in
a separate section
of the
document. Agreed that for
e
w
o
rd should
also
be updated
and
opportunit
ies provided
to update I
CO contribution and to add
a
contribution from Scottish Informat
i
on Commissioner.
Data Management Board, 27 September 2013,
Meeting 2 Notes
3
Actions
6.
D
raft
new section on data for statistics and research
(SG)
7.
Draft revis
ed
foreword
(
TS
)
8.
Seek contribution from ICO and Scottish Information Commissioner
(
TS
)
Data
Sharing
6.
The Board
was given a verbal update on data sharing
.
Actions
9.
DMB will be given regular updates on data sharing
(SG)
Data Linkage Framework Programme Board Update
7.
Andrew Morris
reported substantial progress on data linkage and informatics
as
f
u
nding has been awarded for a Farr Institute
(
Scotland
) which will be based at
Little France in Edinburgh opening in March 2014.
If the
ESRC
award funding
for an
Administrative Data Research
C
entre
in Scotland then that will be collocated with
Farr, along with the Data Linkage Centre being developed by ISD and NRS. The
respective teams
are working on proposals for alignment and
maximising
efficiency
in the event of that
.
8.
All elements (Farr, ADRC and
Data Linkage Centre) will build on
The Guiding
Principles for Data Linkage
and work together to in the delivery of
public
communications and engagement
which is of crucial importance.
9.
Difficulties remain relating to the complex landscape of data access
,
and there
are several examples of projects taking several years to get started and requiring
hundreds of data access request forms to be filed, for relatively low risk projects
using de
-
identified da
ta.
Data Vision, Strategy and Action Plan
10.
Paul
Gray
b
egan by noting that the Strategic Action Plan was a draft and that
the issues around resourcing still needed to be addressed. The group agreed that
the vision needed to better articulate why we are doing this, what it means for
individuals and what Scotla
nd will look like in 5 years. It was agreed there should be
a clearer link to delivering better outcomes for the people of Scotland. The
vision/ambition should be redrafted (max 3 page) and set out key actions
demonstrating level of ambition
.
Rosemary
A
gnew
noted the importance of
engaging with citizens and ensuring they are comfortable with how data is used.
Ian
Crichton
noted that public perception and expectation of how data is joined and
used, does not match reality.
11.
Paul
Gray
suggested the group should consider action 8 from the previous
meeting (culture and trust issues) for the next meeting, following circulation of the
revised vision paper.
He also commented that there was an interaction between
culture and practice and tha
t changing practice was a means of achieving culture
Data Management Board, 27 September 2013,
Meeting 2 Notes
4
change.
It was agreed the group would meet again before Christmas
rather than in
six
months
time in order to agree a revised strategy/plan
.
Action
s
10.
Circulate 2/3 page vision paper to the group by 4 Oct
ober (JM co
-
ordinating)
11.
Arrange next meeting before Christmas (SG)
12.
Carried forward

Members to consider and share suggestions for
tackling cultural and trust issues relating to data sharing (Members)
12.
The meeting did not explicitly address the paper on re
mit which remains to be
confirmed
at the next meeting in the light of thinking on the Vision.
Data Management Board, 27 September 2013,
Meeting 2 Notes
5
Annex A

Action Tracker
Action
Number
Action
Owner
C
omment
S
tatus
DMB 1
-
6
Paper on charging for data
to be prepared for the next
meeting
TS
Carried
forward
DMB 1
-
8
All Board members to
consider and share
suggestions for tackling
cultural and trust issues
relating to data sharing, to
be discussed at the next
meeting.
Members
Carried
forward
DMB 1
-
9
Create a simple webpage for
all major guidance
documents
SP
Drafts out for
review, but
advice is being
developed in
the wider
context of
releasing data
and discussion
being
undertaken
around when
SASPI is
appropriate and
when other
Data Sharing
Agreements
may be
needed.
In
progress
DMB 1
-
10
Proposals for a Data
Innovation Summit to be
developed, in particular
focussing on what do we
want to achieve, who is the
audience and what do we
want them to do differently
having attended the summit
MN
MN, NL, MC
and AM to meet
to discuss
innovation
dev
elopments
.
Open Data
conference
taking place 10
Dec
In
progress
DMB 2
-
1
Carried forward
-
Paper on
charging for data to be
prepared and circulated
electronically ahead of next
meeting
TS
DMB 2
-
2
Officials to prepare revised
organograms clarifying
which groups have a
governance role and which
TS/SG
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Default Stirling Council - EXERCISING THE POWER OF WELL-BEING

http://minutes.stirling.gov.uk/pdfs/...gWellbeing.pdf


N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\REPORTS\2012\SC20 1
21213ITEM19EXERCISINGWELLBEING.DOC
1 SUMMARY
1.1 This report seeks the Council’s consent to exer
cise the power of well-being
contained within the Local Government in Scotland A
ct 2003 to legitimise the
collection, sharing and use of personal data on all
children for the Vulnerable
Children and Young People Project.
2 OFFICER RECOMMENDATION(S)
The Council agrees to promote the well-being of vul
nerable children and young people
within its area, as provided for in section 20 of t
he Local Government in Scotland Act
2003, by developing and using the reporting system
which is described in this report and
which facilitates the collection, use and sharing o
f personal data required for the
Vulnerable Children and Young People Project
.
3 CONSIDERATIONS
3.1 Vulnerable children and families have been the
focus of Community Planning
Partners for many years. Following the Stirling Chi
ld Protection Report in 2010
the Care, Health & Wellbeing Strategic Forum used t
he opportunity to investigate
80 families across Stirling who were deemed to be ‘
vulnerable’. The Strategic
Forum’s role was to explore the challenges faced by
these families and develop
new and creative interventions for the future that
would reduce the financial
burden on the public services and more importantly
offer families greater life
choices and better outcomes in their lives.
3.2 In any independent fatal accident enquiry or re
view of child protection cases it is
known that the chair often states that the public s
ector knew all of the individual
pieces of data about the family and the child but d
id not share them at an early
enough stage to make an impact on key life stage de
cisions. The aim of the
project was to gather multi-service information abo
ut vulnerable children and
introduce effective interventions at an earlier sta
ge.
STIRLING COUNCIL
THIS REPORT RELATES
TO ITEM 19
ON THE AGENDA
STIRLING COUNCIL
SOCIAL CARE AND
GOVERNANCE &
RESOURCES
13 DECEMBER 2012
NOT EXEMPT
EXERCISING THE POWER OF WELL-BEING
3.3 The partner agencies (Council, Police and Healt
h) were tasked with gathering
information about families at risk of future harm a
nd critically analysing the
interventions that would offer the best solutions i
n the families’ chaotic lives.
With the development of the Christie Report, and th
e emphasis on earlier and
more effective intervention, we are now keen to sha
re information between public
sector partners where we have lower level concerns.
3.4 In December 2010 initial discussions took place
with a business analytics
company to pull together appropriate data sets from
across the Council to identify
families in need. This was conducted in a pilot pr
oject. Information from the
following Council information systems was consolida
ted and analysis of those
children and families has proved highly valuable in
decision making regarding
services and interventions.
Service Area System
Social Services SWIFT
Education SEEMIS
Housing Northgate
Youth Services Cognisoft IO
Community Wardens APP Civica
Research Team Government demographic data,
CACI ACORN Segmentation data
Substance Misuse Government demographic data
Forth Valley GIS Gazetteer
Given the successful outcome of the pilot project,
the Council now wish to enter
into a contract to fully develop this reporting sys
tem with a view to a go live date
at the Public Protection Hub in Larbert in January
2013. Central Scotland Police
have agreed to share the cost of this next phase of
the project.
3.5 As a result of the pilot phase, it was possible
to see, at a glance, the full history
of a vulnerable child on the screen. The informatio
n allowed decision making
staff and case workers to see school attendance, at
tainment, previous
addresses, changes in name, housing repairs, police
reports pertaining to the
address and Criminal Justice data sets, to name but
a few.
3.6 Demonstrations of the system were undertaken wi
th front line staff, partners,
Elected Members and other key national figures incl
uding Sir Harry Burns, Chief
Medical Officer for Scotland and Derek Feeley, Chie
f Executive, NHS Scotland.
All were impressed with the value of the data solut
ion and analytics product.
3.7 In November 2012 the Assistant Chief Executive
(Care, Health & Wellbeing),
Assistant Chief Constable and the Council’s legal a
dviser met with
representatives from the Information Commissioner’s
Office. The purpose of the
meeting was to apprise the Information Commissioner
’s Office of the Council’s
plans to develop this reporting system. The Inform
ation Commissioner’s Office
endorsed the proposal to exercise the power of well
-being to legitimise the
collection, sharing and use of personal data on all
children for the Vulnerable
Children and Young People Project.
Data Protection
3.8 The development of the reporting system amounts
to the processing of the
personal data of children and young people. This m
ust be carried out in
accordance with the requirements of the Data Protec
tion Act 1998 and the eight
Data Protection principles provided for in the Data
Protection Act 1998. The first
Data Protection principles requires such personal d
ata to be processed “fairly
and lawfully”. The following section on Stirling C
ouncil’s powers addresses the
issue of lawful processing and the section on the P
rivacy Impact Assessment
addresses the issue of fair processing. Of the oth
er seven Data Protection
principles the seventh Data Protection principle re
quires appropriate security
measures to be in place to prevent the accidental o
r deliberate disclosure of
personal data. The Council’s existing policies on
Information Security and Data
Access will apply and a new procedure will be devel
oped for the Service Desk to
prescribe how user access rights to the reporting s
ystem are allocated. Access
to the reporting system will only be available via
a designated computer located
at the Public Protection Hub in Larbert and also wi
thin the Children’s Intake
Team in Social Services. The designated computer a
t the Public Protection Hub
will only be accessible to Stirling Council staff.
Stirling Council’s powers
3.9 Stirling Council derives its powers entirely fr
om statute. To ensure that it does
not act beyond its powers, the Council must ensure
that all of its actions are
provided for in statute.
3.10 There are no express statutory powers to colle
ct, use and share data in relation
to children and young people provided for in statut
e. Further, the consultation
paper on the proposed Children & Young Person's Bil
l, which was published in
July 2012, stated at paragraph 120 that the Act wil
l
not
contain new express
statutory powers to share information between servi
ces where there are
concerns about children & young People. Instead, w
hilst acknowledging that
“information sharing can be a complex and, at times
, confusing legal environment
for practitioners” the consultation paper provided
that “the intention is that
information sharing would occur within existing leg
al frameworks”.
3.11 Section 69 of the Local Government (Scotland)
Act 1973 provides that Local
Authorities are empowered to do anything which is "
calculated to facilitate, or is
conducive to or incidental to the discharge of any
of its functions”. This enables
the Council to look to the service or function whic
h the data sharing supports for
its
implied
power to data share.
3.12 Under the Children (Scotland) Act 1995 the Cou
ncil has a duty to safeguard and
promote the welfare of looked after children and to
promote the welfare of
children in need. Data sharing clearly will suppor
t the discharge of these
functions and so the data sharing may be legitimise
d but only for looked after
children and children in need. The Vulnerable Chil
dren and Young People
Project seeks to share data about
all children
and so the terms of The Children
(Scotland) Act 1995 are insufficient to legitimise
the Project.
The Power of Well-being
3.13 The Local Government in Scotland Act 2003 prov
ides the Council with a
discretionary power to “do anything which it consid
ers is likely to promote or
improve the well-being of:-
a. its area and persons within that area; or
b. either of those.”
3.14 The term "well-being" is not defined in the Ac
t but there is some assistance to be
found in the statutory guidance issued by the Scott
ish Ministers on the 2003 Act,
to which Local Authorities are obliged to have rega
rd (see Appendix 1). This
refers at Paragraph 1.4 to the Act as an "important
part of the Scottish
Executive's local government modernisation agenda a
nd its drive to see
continuous improvement in public services" and to “
enable local authorities to
work and deliver in partnership with other agencies
and communities”. It also
specifically refers at Paragraph 1.6 to social fact
ors such as “looking after the
needs of children and young people, particularly th
e most vulnerable” as a key
factor which would contribute to the promotion or i
mprovement of well-being.
3.15 The guidance makes it clear that this power is
a broad ranging power and refers
to it as "a power of first resort", to be used when
there is doubt about whether
existing powers would enable a particular course of
action or service delivery.
The power is subject to various limitations none of
which apply in these
circumstances.
3.16 It is considered that the Vulnerable Children
and Young Persons Project is a
legitimate use of the power of well-being.
Scheme of Delegation
3.17 Stirling Council's Scheme of Delegation expres
sly reserves to Council the power
to make a decision to exercise the power of well-be
ing. Council is invited to
exercise the power thereby making the collection, s
haring and use of personal
data on all children for the Vulnerable Children an
d Young People Project within
its powers.
Privacy Impact Assessment
3.18 The Council has chosen, as a matter of good pr
actice, to undertake a Privacy
Impact Assessment. The purpose of the Privacy Impa
ct Assessment is to
identify the potential effects of the collection, s
haring and use of the personal
data upon the privacy of the children and young peo
ple and to examine how any
such detrimental effects can be overcome. Privacy
Impact Assessments are not
required by law but are good practice and are encou
raged by the Information
Commissioner’s Office. They are about more than si
mply meeting the
requirements of the Data Protection Act 1998 and th
e Data Protection principles
but they will evidence compliance with these. Appen
dix 2 highlights the Privacy
Impact Assessment that has been undertaken to date.
4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS
Policy Implications
Equality Impact Assessment
No
Strategic Environmental Assessment
No
Single Outcome Agreement
Yes
Diversity (age, disability, gender, race, religion,
sexual orientation) Yes
Sustainability (community, economic, environmental)
No
Effect on Council’s green house gas emissions
No Effect
Strategic/Service Plan
Yes
Existing Policy or Strategy
Yes
Risk
Yes
Resource Implications
Financial
Yes
People
Yes
Land and Property or IT Systems
Yes
Consultations
Internal or External Consultations
Yes
Equality Impact Assessment
4.1 The matters under this Report were considered u
nder the Council’s Equalities
Impact Assessment process and were assessed as not
relevant.
Strategic Environmental Assessment
4.2 The matters under this Report were considered u
nder the Environmental
Assessment (Scotland) Act 2005 and a Strategic Envi
ronmental Assessment is
not required.
Single Outcome Agreement
4.3 Vulnerable children and families will have a st
rong focus within the SOA. Council
services, Police and Health are fully committed to
achieving better outcomes for
this group.
Other Policy Implications
4.4 Policy implications may fall out of further dev
elopment of this work.
Resource Implications
4.5 Following consideration of the resource implica
tions of this report no relevant
issues have been identified.
Consultations
4.6 The Information Commissioner’s Office has been
consulted on the exercise of
the power of well-being.
Tick (
)
to confirm
The appropriate Portfolio Holder and Depute Portfol
io Holder has been
consulted on this report
JB/NB
The Chief Executive/appropriate Assistant Chief Exe
cutive(s) has been
consulted on this report
(JH)
5 BACKGROUND PAPERS
5.1 Stirling Child Protection Report 2010.
6 APPENDICES
6.1 Appendix 1 - The Local Government in Scotland A
ct 2003: The Scottish
Executive Power to Advance Well-Being Guidance. Me
mbers should note that
the twelve page guidance is available in the Member
s Lounge and online at
http://www.scotland.gov.uk/Publicati.../04/19276/3615
6
.
6.2 Appendix 2 - Privacy Impact Assessment.
Author(s)
Name Designation Telephone Number/E-mail
Elizabeth M Duncan
Janice Hewitt
Solicitor to the Council
Assistant Chief Executive
Ext 3352
Ext 2677
Approved by
Name Designation Signature
Janice Hewitt
Willie Watson
Assistant Chief Executive
Head of Governance &
Resources
Date 4 December 2012 Service
Reference


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