MOU Between Police Scotland and LAC Educational Establishments for Multi Agency Data Sharing

Waiting for an internal review by Police Scotland of their handling of this request.

Dear Police Scotland,

Under FOISA please supply me with information contained in your records as follows:
Please supply your memorandum of understanding relating to the multi-agency data sharing agreement between Police Scotland and LAC Educational Establishments?

Please advise the check and balances and professional standards and quality assurances per your standard operating procedures to ensure accurate reporting and personal data processing, in relation to the data subject. To ensure compliance with the DPA Act 2018 and GDPR?

Please acknowledge receipt of this request.

I shall look forward to receiving your response within the statutory timeframe

Yours faithfully,

SJ Kerr

Police Scotland

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Please note, this mailbox is FOI request only.
Further details are below if you wish to request personal information,
road traffic incident or crime reports, or other non-FOI related
enquiries.

Requesting personal information held by Police Scotland
Applications must be made under GDPR/Data Protection Act 2018. Please
follow this link -
[1]http://www.scotland.police.uk/access-to-...

Road traffic incident or crime report relating to property which has been
damaged and/or stolen
Please click on this link -
[2]http://www.scotland.police.uk/about-us/f....

Non FOI related queries
Please phone 101 or refer to this link -
[3]http://www.scotland.police.uk/contact-us

Kind regards

FOI Team
Police Scotland

References

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3. http://www.scotland.police.uk/contact-us

FOI, Dundee, Police Scotland

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OFFICIAL

 

Good morning,

Please find attached our response to your recent request for information.

Kind Regards,

FOI Team

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Dear FOI, Dundee,

Local Authority Council Education Departments.

Yours sincerely,

SJ Kerr

Dear Police Scotland,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Police Scotland's handling of my FOI request 'MOU Between Police Scotland and LAC Educational Establishments for Multi Agency Data Sharing'.

I am dissatisfied with your response because you know thar the term LAC is used to describe local authority councils and you will know that MOU means memorandum of understanding, however as I am not employed by Police Scotland it is reasonable for me to use the term MOU for which you use the acronym ISA and for you to be fully aware of the context of the request. Having used the term ISA information sharing agreement in your response you stated you conducted a search for looked after children. That was not the request, you have a duty to assist the requester which you could have asked for clarification.

So I will clarify the request now, I have requested information contained in your records regards for your information sharing agreements (which I reasonably called it a MOU or Memorandum of Understanding) between police Scotland and any local authority council education department when you are working in a multi agency capacity with no personal entity as identified in a legal decision by OSIC from the Scottish Government.

For the avoidance of doubt OSIC means Office of The Scottish Information Commissioner.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

SJ Kerr

Police Scotland

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    Internal review of Freedom of Information request MOU Between Police Scotland and LAC Educational Establishments for Multi Agency Data Sharing.txt

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Please accept this message as confirmation that your request has been
received by Police Scotland and will be dealt with under the terms of the
Freedom of Information (Scotland) Act 2002.

Please note, this mailbox is FOI request only.
Further details are below if you wish to request personal information,
road traffic incident or crime reports, or other non-FOI related
enquiries.

Requesting personal information held by Police Scotland
Applications must be made under GDPR/Data Protection Act 2018. Please
follow this link -
[1]http://www.scotland.police.uk/access-to-...

Road traffic incident or crime report relating to property which has been
damaged and/or stolen
Please click on this link -
[2]http://www.scotland.police.uk/about-us/f....

Non FOI related queries
Please phone 101 or refer to this link -
[3]http://www.scotland.police.uk/contact-us

Kind regards

FOI Team
Police Scotland

References

Visible links
1. http://www.scotland.police.uk/access-to-...
2. http://www.scotland.police.uk/about-us/f...
3. http://www.scotland.police.uk/contact-us

FOI, Dundee, Police Scotland

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OFFICIAL

 

 

Good Afternoon,

 

Please find attached our response to your recent request for information.

 

Kind Regards,

 

FOI Team

 

show quoted sections

Dear FOI, Dundee,

Can I clarify that there is no ISA for Police Scotland to Share Personal Data with Social Work at an IRD without including the knowledge or consent of the data subject?

As that is not clear from your response.

Yours sincerely,

SJ Kerr

FOI, Dundee, Police Scotland

OFFICIAL

Dear applicant,

 

Your original request asked:

 

Please supply your memorandum of understanding relating to the
multi-agency data sharing agreement between Police Scotland and Local
Authority Council Education Departments.

 

If you wish to request information regarding the IRD process or
information sharing with social work then you should submit a new request
- albeit I would refer you to your recent request - our reference 20-1755
- which I would suggest answers this question.

 

As outlined in the response however I would advise that sharing can take
place under the terms of a broader ISA and in particular, I would stress
that the presence or otherwise of an ISA is not material in terms of
whether or not information can be lawfully shared.

 

Regards,

 

FOI Team

 

 

 

 

show quoted sections

Dear FOI, Dundee,

Your original response said:

Please be advised that any ISAs relating to Local Authority Education Departments MAY
be covered by ISAs which support multi-agency groups with specific purposes.

For example, a regional Multi-Agency Public Protection Arrangements (MAPPA)
committee. This will consist of a range of partners, all signing up to an ISA supporting
Multi-Agency Risk Assessment Conferences (MARAC) or Multi-Agency Tasking and Coordination (MATAC) meetings, where the Local Authority Social Work Team will have
representation.

"Consequently, any information sharing undertaken with the Education Department will be
conducted by the Social Work Department and will not require an ISA as they are both
parts of the same organisation, working towards the same purpose."

Therefore, it is clear that information shared by yourselves does not require an ISA to be shared within a local authority council. However for information shared by Police Scotland to a local authority council as you mention social work department yourselves, I was merely asking for clarification that there is an actual ISA in place using the correct ISA template as shown at:
https://www.informationgovernance.scot.n...

The fact that your terminology is hazy in the fact you state any ISA's MAY be covered by ISA's relating to Multi Agency groups with a specific purpose leads reader to question the fact that there is indeed an ISA that covers this, as you go onto explain about arrangements for MAPPA "Multi-Agency Public Protection Arrangements (MAPPA), are a set of statutory partnership working arrangements introduced in 2007 under Section 10 of the Management of Offenders etc. (Scotland) Act 2005."

Note Management of offenders: I am not requesting information Sharing Agreements about offenders.

Your failure to provide the information contained in your records i.e. the completed ISA template which will clearly highlight the Legal basis for the processing and sharing information, and all other conditions required which would have to be complied with before you contemplated any data sharing to another data controller for you to LAWFULLY process and share information about any individual who has the right to presumption of innocence, and the right to rectitude and is not an offender leads the reader to question whether there is such a ISA in place or whether you unlawfully share information about an individual whom has not been convicted in a court of law for any offence? This is a very serious request, and prevarication in answering this question is not appreciated.

The ICO have already warned you about data processing in relation to your iVPD database.

Police Scotland have shared information knowingly populated onto iVPD/VPD concern reports that is false, erroneous and maliciously libellous which can be evidenced, therefore a request for information contained in your records regarding a legitimately populated ISA document is not an unreasonable request and this is the very platform for such concerns regarding the lawfulness of data processing and information sharing to be addressed.

I refer you to your FOI response cited in The Ferret Article

https://theferret.scot/deleted-police-re...

"Data on thousands of Scots that has been deleted from a controversial Police Scotland database over privacy concerns may still be kept by other Scottish public bodies – and there is no way for the people affected to find out."

Upon submitting a data protection impact assessment to the ICO, concerns and about the lawfulness and consent about the DPIA were raised by the ICO on 29th January 2019 Ref DPIA 2018-0010

The public have the right to know whether you are lawfully processing and sharing information with any local authority council whether it be Social work or Education department. If there is no ISA in place then this is breaching DPA 2018 and GDPR and is also breaching the data subjects rights in law.

Yours sincerely,

SJ Kerr

Dear FOI, Dundee,

I am merely being fair in affording you another opportunity to respond to the request in a suitable manner assuming you are actually lawfully processing and sharing information with the appropriately populated ISA.

However as we are passed internal review stage, I'll have no hesitation to appeal to OSIC for a legal decision on this request, as it is very much in the public interest is it not? Especially if you respond in the manner of prevarication you have done until now, which would have any member of the public validly question of lawfulness of your processing and sharing of personal data with consent, given the substantial information given above on this request.

Yours sincerely,

SJ Kerr

Dear FOI, Dundee,

One of the links I supplied may be broken: therefore I supply the link again for your assistance.

https://theferret.scot/deleted-police-re...

Yours sincerely,

SJ Kerr

FOI, Dundee, Police Scotland

1 Attachment

OFFICIAL

 

Dear applicant,

Please find attached our response to your request for a review of the
above referenced FOI decision (20-1753).

Regards,

Claire Sturrock
Disclosure Manager - North
Information Management

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Dear FOI, Dundee,

Out of courtesy, I write to advise that I have lodged an appeal with OSIC. Which Evidences.

Yours sincerely,

SJ Kerr

Mr Henry left an annotation ()

Have never in my life seen LAC stand for Local Authority Council 🤷‍♂️

FOI, Dundee, Police Scotland

OFFICIAL

Dear applicant,

For clarity - your original email dated 7 October 'MOU Between Police
Scotland and LAC Educational Establishments for Multi Agency Data Sharing'
is our reference 20-1753 and has been the subject of an internal review. 
You are therefore free to refer that decision to OSIC should you wish.

Your subsequent email dated 2 November, the content of which was simply
'Local Authority Council Education Departments' was treated as a new
request, our reference 20-1970.  That request has not been the subject of
an internal review.

I think you are perhaps confusing the two as they are part of the same
'What Do They Know' record but they are in fact two different requests.

If you would like to request an internal review of 20-1970, please reply
to this email, setting out the reason for your dissatisfaction with that
response.

Regards,

FOI Team

show quoted sections

Dear Police Scotland,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Police Scotland's handling of my FOI request 'MOU Between Police Scotland and LAC Educational Establishments for Multi Agency Data Sharing'.

I am dissatisfied that you claim you do not hold an Isa for the lawful processing and sharing of personal data held in your records

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

SJ Kerr

Police Scotland

1 Attachment

  • Attachment

    Internal review of Freedom of Information request MOU Between Police Scotland and LAC Educational Establishments for Multi Agency Data Sharing.txt

    1K Download View as HTML

Please accept this message as confirmation that your request has been
received by Police Scotland and will be dealt with under the terms of the
Freedom of Information (Scotland) Act 2002.

Please note, this mailbox is FOI request only.
Further details are below if you wish to request personal information,
road traffic incident or crime reports, or other non-FOI related
enquiries.

Requesting personal information held by Police Scotland
Applications must be made under GDPR/Data Protection Act 2018. Please
follow this link -
[1]http://www.scotland.police.uk/access-to-...

Road traffic incident or crime report relating to property which has been
damaged and/or stolen
Please click on this link -
[2]http://www.scotland.police.uk/about-us/f....

Non FOI related queries
Please phone 101 or refer to this link -
[3]http://www.scotland.police.uk/contact-us

Kind regards

FOI Team
Police Scotland

References

Visible links
1. http://www.scotland.police.uk/access-to-...
2. http://www.scotland.police.uk/about-us/f...
3. http://www.scotland.police.uk/contact-us

SJ Kerr left an annotation ()

Perhaps Mr Henry comes from South of Hadrian's Wall where in England they are called Community Councils.

In Scotland here is a total of 32 council areas in Scotland. They are all governed by unitary authorities called "councils". The council areas were created on 1 April 1996, under the provisions of the Local Government etc. (Scotland) Act 1994, and are generally known as local authority councils.

I hope this information is helpful for your Mr Henry, I would not like to think that the use of generally known acronym, would cause you such distress. I apologise if it has.

Mr Henry left an annotation ()

Could the requestor (S Kerr/SJ Kerr/ SJA Grove/ R Deans/Samantha Kerr/Samantha Kean) provide even one internet link where LAC stands for Local Authority Council?

I have attempted to search for it on several internet search engines without success. Perhaps the search engines have formed some sort of complicit consanguinity against me?