Animal welfare bill: data protection impact assessment

Annex A: Article 36(4) Enquiry Form

This form is for public authorities that are developing a legislative proposal or statutory guidance that relates to personal data. It will provide a template for you to enter information relevant to Article 36(4) of the General Data Protection Regulation (GDPR) in order to streamline the process of consulting with the Information Commissioner’s Office (ICO).

Title of proposal:

Working title: Animal Health and Welfare Amendment (Scotland) Bill

Your department:

Scottish Government Animal Welfare team

Contact email:

Jonathan.maclure@gov.scot

welfareconsultation2019@gov.scot

Data Protection Officer Contact email: (If different from above)

Scottish Government DPO

Gardner S (Stuart) - Stuart.Gardner@gov.scot

dpa@gov.scot

dataprotectionofficer@gov.scot

Is your proposal primary legislation, secondary legislation or a statutory measure?

Primary legislation

Name of primary legislation your measure is based on (if applicable)

Animal Health & Welfare (Scotland) Act 2006

Provide a broad summary of which aspects of your proposal relate to personal data

Two elements of the proposed Bill will relate to personal data.

The conferral of a power on the Scottish Minsters to, by regulations, enable enforcement authorities to serve fixed penalty notices (FPNs) in relation to animal welfare (and possibly animal health) offences

The exercise of the power will not, of itself, require the use of personal data. However, it is anticipated that any such power may be used in future to make regulations which set out the circumstances in which, and procedure by which, an enforcing authorities may serve an FPN, including the content of any such notice. Any such future regulations would be intended to make it easier for enforcement authorities to enforce and secure compliance with the offences referred to above (as an alternative to initiating proceedings for a criminal offence). If such regulations are made in future, then an enforcing authority is likely to need to collect, use, store and/or share some personal data (such as the name and address of the person on whom the notice is to be served). However, no processing of personal data will be needed to exercise the power to make the regulations themselves.

Powers for enforcement authorities to make alternative arrangements for animals previously taken into care on welfare grounds

The exercise of any such powers by an enforcement authority is likely to involve the service of notices at premises or places connected with the animal. Any such notices may both identify the alleged offence to which the notice relates and the name and address of the individual suspected of committing the offence. The exercise of this power is therefore likely to require the collection, storage, use and sharing of personal data relating to the owners of, and persons connected with, animals taken into care for animal welfare reasons. The new powers are likely to be made available to inspectors, constables and other persons authorised by the Scottish Ministers.

What stage is your legislation or statutory measure at and what are your timelines?

The legislation is currently being drafted. It is anticipated that

a near-final draft will be agreed by end August 2019, and that (subject to approval) a final version might be introduced to Parliament by end September 2019.

Question

Comments

What issue/public need is the proposal seeking to address?

Animal welfare

Does your proposal create a new power or obligation for the processing of personal data?

The conferral of a power on the Scottish Minsters to, by regulations, enable enforcement authorities to serve fixed penalty notices (FPNs) in relation to animal welfare (and possibly animal health) offences

The exercise of new power to make regulations will not itself require the processing of personal data. However, where the power is used to make regulations, the exercise of any powers conferred by the regulations on an enforcing authority is likely to involve the collection, use, storage and sharing of information about the suspected commission of an offence (including the name, address and other personal information about the person suspected of having committed the offence) in relation to service of FPNs. Such information might, for example, be shared between inspectors, constables, other persons that are empowered to serve FPNs. In addition, where are person fails to comply with a FPN, to enforce the offence in question, the enforcing authority might need to share information about persons suspected of committing animal welfare offences (and related evidence) with the Crown Office & Procurator fiscal Service (COPFS). For example, the fact that somebody has or has not paid a fixed penalty may be communicated to the COPFS.

Powers for enforcement authorities to make alternative arrangements for animals previously taken into care on welfare grounds

A person exercising any such powers will likely need to keep a record of the addresses at which the original notices are served. Further, it is proposed that the person exercising the power will be required to investigate the identity and address of the owner of the animal prior to exercise of the power. The power to make arrangements in relation to the animal will not necessarily be exercised by the person who took the animal into possession. It is accordingly anticipated that information about the ownership of the animal (including the name and address of the person understood to be its owner) will be shared between those who originally took the animal into possession and those who are exercising the new power. It is anticipated that it should be possible for the various notices to be served at the address of the registered keeper held by the DVLA in relation to a vehicle in which the animal was being transported at the time it was taken into possession. Accordingly, exercise of the powers may involve sharing of DVLA information regarding the identity and address of the registered keeper of the vehicle. (The sharing of information by the DVLA is permitted by regulation 27 of the Road Vehicles (Registration and Licensing) Regulation 2002).

Does your proposal relate to the collection of personal data?

The conferral of a power on the Scottish Minsters to, by regulations, enable enforcement authorities to serve fixed penalty notices (FPNs) in relation to animal welfare (and possibly animal health) offences

If the new power is used to make provision for FPNs, personal data will need to be collected in the course of investigating whether there is sufficient evidence that an animal welfare offence has been committed in order for an FPN to be served. Such collection of personal data is required at present in relation to investigation of whether an offence has been committed for the purposes of bringing prosecutions for animal welfare offences.

Powers for enforcement authorities to make alternative arrangements for animals previously taken into care on welfare grounds

When exercising the new powers, personal data will need to collected in relation to service of notices.

If you’ve answered yes to the above question, what data items might this include?

Name, address, phone number, description, case background, evidence, details of offence or any conduct giving rise to animal being taken into possession fir animal welfare reasons.

And is this information collected directly from the data subject or from elsewhere? Please provide further details.

The conferral of a power on the Scottish Minsters to, by regulations, enable enforcement authorities to serve fixed penalty notices (FPNs) in relation to animal welfare (and possibly animal health) offences

If future regulations are made under the new power, the expectation is that information could be collected from the data subject, local authorities, inspectors, the police and the Scottish SPCA.

Powers for enforcement authorities to make alternative arrangements for animals previously taken into care on welfare grounds

It is anticipated that personal information could be collected from inspectors, the police, the Scottish SPCA, local authorities and, in limited circumstances, the DVLA.

Would your proposal affect a specific group? E.g. children, vulnerable individuals, elderly?

No

Does your proposal relate to the processing 'special categories' of personal data, or 'criminal convictions or offences data'? By 'special categories' we mean personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data about a person's sex life or sexual orientation.

The conferral of a power on the Scottish Minsters to, by regulations, enable enforcement authorities to serve fixed penalty notices (FPNs) in relation to animal welfare (and possibly animal health) offences

The power conferred by the Bill, and the exercise of that power to make regulations, will not require the processing of any special categories of personal data or criminal convictions or offences.

If regulations are made in exercise of the power, it is possible that, in the exercise of any functions conferred by such regulations on an enforcing authority, the authority might wish to take into account whether a FPN has previously been served on an individual. However the Bill will not, of itself, make any such regulatory provision.

Powers for enforcement authorities to make alternative arrangements for animals previously taken into care on welfare grounds

No, the processing of such data will not be required.

Does your proposal involve the sharing of personal data with another government department or 3rd party that you were not previously sharing with?

The exercise of new powers by enforcement authorities to make alternative arrangements for animals previously taken into care on welfare grounds, is likely to involve the sharing of personal data (the particular details of which might not have been previously shared), but the personal data will be of the same type as is currently shared within the Scottish administration and with other parties in the exercise of broadly equivalent existing powers in Part 2 of the Animal Health and Welfare (Scotland) Act 2006.

Is there anything potentially controversial or of significant public interest in your policy proposal?

No.

Have you conducted a data protection impact assessment on your proposed legislation?

A data protection impact assessment is being carried out.