Friday, 28 October 2016

Data sharing guidelines should be removed says ICO

"Ministers have been urged to remove official advice on sharing data relating to children from the Scottish government’s website following the recent court ruling against the SNP’s controversial `named person` scheme."

"The Information Commissioner’s Office (ICO) in Scotland wrote to the government to say that previous guidance from the data watchdog should be replaced with new guidelines drawn up after the UK Supreme Court ruled that some elements of the scheme were incompatible with the European Convention on Human Rights."

"The move comes after Scottish councils sought clarity on how to treat child welfare data on families as the row over the policy continues."

"It was heralded as another victory by campaigners opposing the national guardian scheme, who claimed that the ICO’s original advice had been illegal a view which was refuted by the ICO."

"Simon Calvert, spokesman for the NO2NP campaign which opposes the scheme, said: `This was clearly legally inaccurate advice given the outcome of the court case. It further demonstrates how the public sector is having to rein in its policies and practices in light of the Supreme Court victory`..."

"Copies of the updated guidance have also been sent to all of Scotland’s councils and health boards and every chief constable at Police Scotland."

1 comment:

  1. By Calum Ross

    "Families in the Highlands are understood to be considering legal action after discovering their private information was passed between public bodies."

    "Campaigners against the Scottish Government`s controversial named person policy said `significant numbers` from the north had contacted them."

    "The claim was made as the Information Commissioner told the Scottish Government to remove guidance on sharing information about children from its website in light of a court ruling on the policy..."

    "The guidance was originally published in 2013 when pilot schemes of the act were being trialled."

    "It states: `If there is any doubt about the wellbeing of the child and the decision to share, the Data Protection Act should not be viewed as a barrier to proportionate sharing.`"

    "The updated guidance issued following the court ruling stressed that sharing personal data of children and young people without their consent should only take place in line with the Data Protection Act, otherwise it could be illegal."