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Old 18-04-13, 12:49
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Default Children & Young People draft Bill published

Lots of discussion on the Schoolhouse Facebook group about the Children & Young People draft Bill already.

http://www.scotland.gov.uk/News/Rele...ildren18042013

Have you had your capacity to provide wellbeing assessment yet? If not, you can expect the Stasi to come calling some time very soon.

As for the grave robbing headline grabbing NSPCC... it's party time and another nice little earner for them while they continue to fail truly vulnerable children.
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Old 18-04-13, 17:54
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Default Rewriting the Data Protection Act

Oh look, this is convenient! The ICO has unilaterally rewritten long established data protection principles to suit govt paymasters, effectively licensing state appointed Nosy Parkers to collect and share children and families' sensitive personal information on a whim and without consent.

So if you don't much care for the state dictated view of wellbeing and tell them to do one, you'll be bullied into submission or lose your kids. The definition of 'at risk' has also been conveniently changed to suit the Brave New Scotland where Every Child (and foetus) is routinely interfered with by state programmed strangers in case s/he departs from the state's prescribed pathway.

http://www.scotland.gov.uk/Topics/Pe...-ken-macdonald

Quote:
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.
I'll resist pointing out the poor grammar for now ...

Any so-called professional who goes along with this crap and voluntarily enlists in the Scottish Stasi is the lowest of the low and deserves the sort of contempt normally reserved for ATOS. They can shove their SHANARRI indicators where the sun don't shine.

Some of us have known this was coming since the late 90s (and will be spreading as it's EU driven) but the finger wagging rentseeking sector will be able to indulge in their pathetic power trips with impunity thanks to a deadly combination of chocolate fireguard 'regulators' and pointless MSPs, along with a deafening silence from the lambs at NO2ID, Liberty et al.

Protecting children is going to get a whole lot harder for parents in Scotland.
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  #3  
Old 18-04-13, 19:02
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Quote:
The [Data Protection] Act requires that an individual’s data be processed fairly and lawfully and
that specific conditions/justifications for processing are met. The Act provides several conditions/justifications for processing, only the first of which rely on
consent and, where required, it should be fully informed and freely given.
However, the issue of obtaining consent can be difficult and it should only be
sought when the individual has real choice over the matter. Where
circumstances exist such that consent may not be appropriate, for example
where an assessment under the SHANARRI principles raises concerns, the Act
provides conditions to allow sharing of this information, such as ‘for the exercise
of any other functions of a public nature exercised in the public interest by any
person’ or ‘ in the legitimate interests of the data controller or the third party to
whom the data are disclosed so long as it is not prejudicial to the child’, and
procedures should be clear about those circumstances which may necessitate
processing without consent.
Bloody hell
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Old 18-04-13, 19:55
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Quote:
...such as ‘for the exercise of any other functions of a public nature exercised in the public interest by any person’ or ‘ in the legitimate interests of the data controller or the third party to whom the data are disclosed so long as it is not prejudicial to the child’
I wonder how long it will take for a child who has suffered demonstrable detriment through data rape by the Wellbeing McStasi to raise an action for damages. Once a child's data is in the wild, it's out there for good. The genie cannot be squeezed back into its bottle and it's why sentient parents do not want their children be forcibly 'Included' in this paedophiles' address book in the first place.

I also wonder how long it will be before a child already known to be at risk of significant harm dies a miserable and preventable death because the same Wellbeing McStasi are busy hunting down home educators and tracking Gypsy Travellers through the hills and glens just so that they can offer/force advice on their '5 a day' and tick more outcome boxes.

Utterly shameful.
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Old 18-04-13, 20:10
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Just pointing out that this is should be worrying those SOTB too...

This is from the UK ICO. Scotland has its own ICO which deals with FOI but Ken Macdonald works for the UK ICO.
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Old 18-04-13, 20:47
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But the Scottish ICO has not 'unilaterally rewritten long established data protection principles'. All he has done is give an opinion - and one that favours the proposed policy.

The latest position on information sharing has passed into the Common Law with the Haringey Judgment:

http://www.bailii.org/ew/cases/EWHC/Admin/2013/416.html

Quote:
Issue 3: Was the data-gathering exercise before and during the initial assessment process unlawful?

76. The initial data-gathering exercise was unlawful in two respects:

(1) The initial request for data was sent to EF's GP accompanied by the erroneous information that LBH was currently working with the family, that LBH was already undertaking a CYPS assessment and that confidential details including the possible presence of risk indicators of physical abuse, should be provided. In addition to these statements or implications being erroneous, no consent had been obtained from EF's parents and it was not a justification to seek the information without consent that their identity was not at that time known since this statement was also untrue.

(2) The consent of the parents had not been obtained before the school was approached. Moreover, it was impermissible to post details of the referral on RIO to enable the school nurse to read them prior to obtaining the parents' consent.

77. These were serious departures from permissible practice and these actions were unlawful.
I.e. they had no proof that the child was at risk so they had no right to share the information.

The solicitor who brought the case has written a super piece on thresholds for sharing information:

Human rights have disappeared from ‘Working Together’ – Allan Norman
http://ukhumanrightsblog.com/2013/04...-allan-norman/

Allan Norman is described as 'a registered social worker and a solicitor'. He clearly makes the point that there needs to be a clear break point between welfare concerns and concerns about risk. And whilst legislation London or Edinburgh may vary on this fundamental issue it will always be underpinned by the Human Rights Act which supports a clear break point.

Allan Norman cites this judgment:

Quote:
What … has to be determined is whether, having regard to the particular circumstances of the case and notably the serious nature of the decisions to be taken, the parents have been involved in the decision-making process, seen as a whole, to a degree sufficient to provide them with the requisite protection of their interests.” [cited in HK v. FINLAND - 36065/97 [2006] ECHR 801 (26 September 2006), § 111] http://www.bailii.org/eu/cases/ECHR/2006/801.html
As I read that the parents have to be involved if there is to be information shared about their child's welfare. If they decline to be involved then the information cannot be shared. Simple.

The Haringey Judgement should be sent round to all and sundry who are involved with this Bill. There will need to be a clear 'clear break point' between welfare concerns and concerns about risk' written into the legislation. The Scottish Parliament cannot write legislation that overrides the Convention - it's just not possible while this common law judgment stands.
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Old 18-04-13, 20:55
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I have come to the conclusion that no government is capable of acting in the interest of children and families due to the fact that they, one and all, believe the economy to be the most important element . The ants and bees are to be admired, not emulated ,by humans.
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Old 18-04-13, 22:13
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Quote:
Originally Posted by Mayfly View Post
The Scottish Parliament cannot write legislation that overrides the Convention - it's just not possible while this common law judgment stands.
I hope so, but this push to gather and share data at every level seems unstoppable

The ICO is pushing it big time. Quoted in full but with my bold.

Data Protection Act is not a barrier for information sharing in NHS, says ICO

Quote:
The Data Protection Act 1998 is not a barrier for information sharing but an enabler, according to Dawn Monaghan, group manager of strategic liaison at the Information Commissioner's Office.

Speaking today at a Westminster Health Forum focussing on the "technology revolution" in the NHS, Monaghan said there were many myths within the industry on information sharing, and one of them was that the Data Protection Act (DPA) is a barrier.

"The DPA is not a barrier, it is an enabler," she said. "The drive behind it was to free up the market and to be able to use data which is personal in a protected way to enable that data to be shared."Not sharing information can often mean people are unprotected. The DPA is all about mitigating risk, but in the health sector the DPA is becoming like the health and safety legislation – an excuse not to do things, not to change."

Monaghan went on to dismiss the idea that civil monetary penalties were served on organisations that shared data, and stated that the ICO has so far not placed a fine on any organisation for data sharing.
"There haven't been any cases where two organisations have shared data and breached the DPA," she said. "There may be cases out there but we haven't found them or fined anyone."
The ICO group manager added that a data sharing agreement does not provide legal indemnity and that under the DPA, NHS trusts do not necessarily need patients' consent to share information.
"There are other ways of doing it around consent, and consent is not informing people, informing should be done whether you have consent or not," she added.
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  #9  
Old 19-04-13, 07:05
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Quote:
"Not sharing information can often mean people are unprotected."
I.e. child protection - not 'need' or 'welfare'.

Quote:
. . . under the DPA, NHS trusts do not necessarily need patients' consent to share information.
"There are other ways of doing it around consent, and consent is not informing people, informing should be done whether you have consent or not," she added.
Under the judgment 'I vs Finland' health authorities must restrict patients medical data only to those clinicians directly involved in their care:

http://www.5rb.com/docs/I-v-Finland%...uly%202008.pdf

Quote:
38. The protection of personal data, in particular medical data, is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life as guaranteed by Article 8 of the Convention. Respecting the confidentiality of health data is a vital principle in the legal systems of all the Contracting Parties to the Convention. It is crucial not only to respect the sense of privacy of a patient but also to preserve his or her confidence in the medical profession and in the health services in general. The above considerations are especially valid as regards protection of the confidentiality of information about a person’s HIV infection, given the sensitive issues surrounding this disease. The domestic law must afford appropriate safeguards to prevent any such communication or disclosure of personal health data as may be inconsistent with the guarantees in Article 8 of the Convention (see Z v. Finland, judgment of 25 February 1997, Reports of Judgments and Decisions 1997-I, §§ 95-96).
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  #10  
Old 19-04-13, 08:08
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Originally Posted by Mayfly View Post
I.e. child protection - not 'need' or 'welfare'.



Under the judgment 'I vs Finland' health authorities must restrict patients medical data only to those clinicians directly involved in their care:

http://www.5rb.com/docs/I-v-Finland%...uly%202008.pdf
But she isn't talking about children...

Thanks for all the legal "ammo". A challenge to some of this would at least focus attention on what is happening on the ground.

All your data is belong to us!

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bill , children and young people , data rape , girfec , scotland

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