We don't know whether the most recent response to this request contains information or not – if you are Ms S J Kerr (Account suspended) please sign in and let everyone know.

Data Sharing Agreements with Police Scotland for processing "sensitive" data

Ms S J Kerr made this Freedom of Information request to City of Edinburgh Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

We're waiting for Ms S J Kerr (Account suspended) to read a recent response and update the status.

Dear City of Edinburgh Council,

The latest guidelines from the Information Commissioners Office (ICO) under the title ‘Conditions for Sensitive Processing’ states (At a Glance) the following:

The conditions for sensitive processing in Schedule 8 of the Act are:

necessary for judicial and statutory purposes – for reasons of substantial public interest;
necessary for the administration of justice;

necessary to protect the vital interests of the data subject or another individual;

necessary for the safeguarding of children and of individuals at risk;
personal data already in the public domain (manifestly made public);

necessary for legal claims;

necessary for when a court acts in its judicial capacity;

necessary for the purpose of preventing fraud; and
necessary for archiving, research or statistical purposes.

Again, you must be able to demonstrate that the processing is strictly necessary and satisfy one of the conditions in Schedule 8 or is based on consent.

Strictly necessary in this context means that the processing has to relate to a pressing social need, and you cannot reasonably achieve it through less intrusive means.

What is the recorded date (or dates) when the Data Processor (or Controller) West Lothian Council entered into an Information Sharing Agreement (ISA), also known by the ICO as a Data Sharing Agreement, with Police Scotland (Police Service of Scotland) relating to the sharing of personal information on Data Subjects where data/information would be defined as "sensitive" information e.g. medical information or alleged medical information?

Yours faithfully,

Ms S J Kerr

Dear City of Edinburgh Council,

Please accept my apologies the final part of the request should read:

What is the recorded date (or dates) when the Data Processor (or Controller) City of Edinburgh Council entered into an Information Sharing Agreement (ISA), also known by the ICO as a Data Sharing Agreement, with Police Scotland (Police Service of Scotland) relating to the sharing of personal information on Data Subjects where data/information would be defined as "sensitive" information e.g. medical information or alleged medical information?

Yours faithfully,

Ms S J Kerr

City of Edinburgh Council

Ms S J Kerr

Our ref: 30939

Dear Ms Kerr

Acknowledgement of Request

Subject: Data Sharing Agreements with Police Scotland for processing 'sensitive' data

Thank you for your request for information which was received on 25/01/2021.

In your request you asked for the following;

The latest guidelines from the Information Commissioners Office (ICO) under the title ‘Conditions for Sensitive Processing’ states (At a Glance) the following:

The conditions for sensitive processing in Schedule 8 of the Act are:

necessary for judicial and statutory purposes – for reasons of substantial public interest;

necessary for the administration of justice;

necessary to protect the vital interests of the data subject or another individual;

necessary for the safeguarding of children and of individuals at risk;

personal data already in the public domain (manifestly made public);

necessary for legal claims;

necessary for when a court acts in its judicial capacity;

necessary for the purpose of preventing fraud; and

necessary for archiving, research or statistical purposes.

Again, you must be able to demonstrate that the processing is strictly necessary and satisfy one of the conditions in Schedule 8 or is based on consent.

Strictly necessary in this context means that the processing has to relate to a pressing social need, and you cannot reasonably achieve it through less intrusive means.

What is the recorded date (or dates) when the Data Processor (or Controller) City of Edinburgh Council entered into an Information Sharing Agreement (ISA), also known by the ICO as a Data Sharing Agreement, with Police Scotland (Police Service of Scotland) relating to the sharing of personal information on Data Subjects where data/information would be defined as "sensitive" information e.g. medical information or alleged medical information?

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 22/02/2021 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information is normally available through the Council’s website and will not include personal details. Unfortunately, at the moment, the disclosure log is only partly available. We hope to have this issue resolved in the near future, after which time, the full response will be accessible via the following link: https://www.edinburgh.gov.uk/homepage/10....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

Ms S J Kerr

[FOI #720986 email]

Our ref: 30939

Dear Ms Kerr

Request for Clarification

Subject: Data Sharing Agreements with Police Scotland for processing 'sensitive' data

Thank you for your request for information of 25/01/2021 in which you asked the following:

What is the recorded date (or dates) when the Data Processor (or Controller) City of Edinburgh Council entered into an Information Sharing Agreement (ISA), also known by the ICO as a Data Sharing Agreement, with Police Scotland (Police Service of Scotland) relating to the sharing of personal information on Data Subjects where data/information would be defined as 'sensitive' information e.g. medical information or alleged medical information?

Unfortunately, we cannot identify the information you have requested from the details you have provided. To help us meet your request, could you please provide the following:

The Council does not have one data sharing agreement which will cover the sharing of special category data with the police in all scenarios. Data sharing agreements are normally entered into in relation to a specific activity, and will define individually, what personal data is required to be shared in order to support that activity. It would be helpful if you could provide more information in relation to which data sharing activity you wish to receive information on. For an idea of when and why personal data might be shared with the police, can I suggest you look at the Council’s privacy notices which are available here: https://www.edinburgh.gov.uk/managing-in...

It may also be helpful to recognise that data sharing arrangements are normally put in place to cover routine arrangements, for example to support multi-agency working, however the police are also able to seek personal data under and exemption (Data Protection 2018, Schedule 2, Part 1, 2) when they require it for the purposes of the prevention and detection of crime.

On receipt of these further details, we will respond to your request within 20 working days. Please note that the statutory 20 working day deadline for responding to your request does not start until we receive the requested clarification from you.

If we do not hear from you within 40 working days, we will assume that you are no longer seeking the information you have requested and we will take no further action.

If you wish to discuss further, please get in touch. Please quote the reference number above in any future communications.

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Sue Brown
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

Thanks for the clarification request and apologies for not making the initial request clearer.

The ISAs/APDs requested relate to the sharing of “sensitive" information between the “competent authority” (as defined by Part 3 of the DPA 2018) of the Police Service of Scotland (Police Scotland) and the City of Edinburgh Council. This is data that is deemed by the law to be of an even more seriousness in sharing than Special Category (SC) data (e.g. information on health, ethnicity, trade union membership etc). This “sensitive" data includes both Criminal Offence (CO) data and data associated with allegations of criminality (which is treated as being as serious as CO data by the Act).

The “sensitive” data as covered by Part 3 of the DPA 2018 which will covered by ISAs/APDs between Police Scotland and the City of Edinburgh Council (with recorded dates) will be for the following types of multi-agency working:

1. Multi-Agency Public Protection Arrangement (MAPPA) where CO data and allegations of criminality of data subjects is shared.
2. Inter-Agency Referral Discussion (IRD) where CO data and allegations of criminality of data subjects is shared.
3. Multi-Agency Risk Assessment Conference (MARAC) where CO data and allegations of criminality of data subjects is shared.
4. Any other types of multi-agency working that Police Scotland and the City of Edinburgh Council participate in where CO data and allegations of criminality of data subjects is shared.

Please respond again if further clarification or expansion on any of the points is required.

Yours faithfully,

Ms S J Kerr

Information Rights Officer 2, City of Edinburgh Council

Dear Ms Kerr

Request for Clarification - Receipt

Subject: Data Sharing Agreements with Police Scotland for processing 'sensitive' data

Thank you for providing clarification on the above request for information of 25/01/2021. We will respond to your request within 20 working days. Please note that the statutory 20 working day deadline for responding to your request starts upon receipt of clarification. This means we have until 02/03/2021 to respond to your request.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information is normally available through the Council’s website and will not include personal details. Unfortunately, at the moment, the disclosure log is only partly available. We hope to have this issue resolved in the near future, after which time, the full response will be accessible via the following link: https://www.edinburgh.gov.uk/homepage/10....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely

Sue Brown
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

show quoted sections

Information Compliance, City of Edinburgh Council

1 Attachment

Dear Ms Kerr

 

Please see attached the Council’s response to your recent review.

 

Kind regards

 

Victoria

 

 

Victoria Robertson| Information Compliance Officer | Information
Governance Unit| Strategy & Communications Division| Chief Executive  |
The City of Edinburgh Council | Business Centre 2:1, Waverley Court, 4,
East Market Street, Edinburgh, EH8 8BG | Direct Dial: 0131 469 7011 (Int
Ext.27011) | Email: [email address]

Please note I work 4 days a week – Monday to Thursday

 

 

 

 

From: [1][email address] <[2][email address]>
Sent: 05 March 2021 22:24
To: Information Rights <[3][email address]>
Subject: FOI request submission

 

203815

Question Response
Are you making this
request on behalf of No
someone else?:
Internal Review Request [FOI #720986 email] Our
ref: 30939

Dear Sirs,

I refer to my information request made through
WDTK at Data Sharing Agreements with Police
Scotland for processing "sensitive" data - a
Freedom of Information request to City of
Edinburgh Council - WhatDoTheyKnow

I am escalating this request to Internal review
Please provide details of due to No Response within the statutory
the information you would timeframe after I furnished you with a
like to receive.: comprehensive clarification you asked for.

You stated that you would responds by 02/03/2021
today is 05/03/2021.

I would be grateful if you could now have this
internally reviewed within the statutory
timescale?

Yours faithfully

Samantha Kerr
Ms S J Kerr
How would you prefer us
to send you the E-mail
information?:
Title: Ms
First name: SAMANTHA
Last name: KERR
Organisation or company:
Telephone number: +447305070250
Email address: [4][email address]
Your street address: 43 Langton Avenue
Your town or city: East Calder
Your county or region:
Your postal code: EH53 0DW
Your country: United Kingdom

 

**This is an automated response. Do not reply to this email

show quoted sections

This email and files transmitted with it are confidential and are intended
for the sole use of the individual or organisation to whom they are
addressed.
If you have received this eMail in error please notify the sender
immediately and delete it without using, copying, storing, forwarding or
disclosing its contents to any other person.
The Council has endeavoured to scan this eMail message and attachments for
computer viruses and will not be liable for any losses incurred by the
recipient.
**********************************************************************

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]

We don't know whether the most recent response to this request contains information or not – if you are Ms S J Kerr (Account suspended) please sign in and let everyone know.