Response to FOI request number 2009/22 from Dr Geraint Bevan

The "Cashless Catering" leaflet [1] on the East Lothians website describes the introduction of smartcards for catering in schools.

The leaflet states that most pupils have been issued with smartcards and then states:

“If you haven't got a card, or have lost your old one, don't worry - you'll get the chance to apply for one again before cashless catering is introduced. After that, your Smartcard will be the only way to pay for food in school."

The leaflet is obsolete and has been removed from the Council web site. Thank you for bringing this to our attention.

The leaflet was produced in advance of the implementation of cashless catering in the Council's secondary schools. Cashless catering was introduced in conjunction with a Council-issued smartcard. The Council's smartcard pre-dated the National Entitlement Card.

The Council's preferred method of accessing the cashless catering facilities in the secondary schools is the National Entitlement Card, which is replacing the Council-issued smartcard.

If a service user insists that they do not want a National Entitlement Card, they can be provided with an alternative means of accessing school meals. A pin number can be provided to cashless catering service users to allow them to add funds to their cashless catering account.

At the end of the leaflet, readers are referred to a website [2] for further information, which makes clear that these cards are part of the Scottish National Entitlement Scheme.

The web page referred to at the end of the leaflet has been updated over time to reflect the Council's migration from the Council-issued smartcard to the National Entitlement Card.

This directly contradicts an answer given by the Cabinet Secretary for Finance, John Swinney, in the Scottish Parliament [3].

The points following on from “Accordingly” below appear to be conditional on the National Entitlement Card being a requirement in secondary schools. The National Entitlement Card is not mandatory in secondary schools.

Accordingly, please tell me:

1) whether any legal advice was taken before deciding to implement this system; 2) whether a privacy impact assessment has been conducted; and 3) whether the Information Commissioner's Office was consulted.

I should also be grateful if you would also furnish me with 4) a copy of any information provided to parents about this scheme.

The requirement that pupils should have a Young Scot card means that they will have to provide personal data to be uploaded to a government database. I should therefore be grateful if you would tell me 5) the minimum amount of personal data that a pupil may provide to successfully apply for that card, and provide me with 6) a comprehensive list of every person and/or agency that may then obtain access to that data.

If you are dissatisfied with the way your request has been handled or with the information we have provided, you are entitled to request that we undertake an internal review. We must receive such a request within 40 working days of the date of this notice. A request to review our decision must be in writing (e-mail is acceptable) or another permanent format. We will then have 20 working days from the date we receive your request in order to complete our review and give you our decision. The review will be conducted by the Chief Executive or another official nominated by him. Please address this request to:

The Chief Executive

East Lothian Council

John Muir House

Haddington

EH41 3HA

If you are still not satisfied with our decision following the review process, then you may ask the Office of the Scottish Information Commissioner (OSIC) to investigate the matter. You may contact OSIC at:

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

E-mail: [email address]

Information about East Lothian Council's complaints procedure can be found at: www.eastlothian.gov.uk/content/0,,1095,00.html