Child's Interview Right's Practitioner regulations: data protection impact assessment

3. Description of the project

3.1 Description of the work:

The ACR Act raises the age of criminal responsibility in Scotland from 8 to 12 years of age. Whilst the policy intention is to protect younger children from the harmful effects of criminalisation, the Act provides powers for the police to investigate incidents of serious harm. Children whose behaviour is being investigated are to be given access to a child interview rights practitioner (ChIRP).

Section 51 of the Act provides for a child who is involved in an investigative interview to be supported by a ChIRP who will provide the child with advice, support and assistance in connection with, and during an investigative interview.

Section 56 of the Act sets out Scottish Ministers' requirement to establish and maintain a register of ChIRPs, and regulation-making powers in connection with establishing and maintaining the register of ChIRPs.

The Age of Criminal Responsibility (Scotland) Act 2019 (Register of Child Interview Rights Practitioners) Regulations 2021, which came into force on 30 September 2021, are made in exercise of those regulation-making powers.

The register is maintained by Scottish Ministers and held within the Youth Justice and Children's Hearing Unit of the Scottish Government Children and Families Directorate. The Scottish Government is the data controller and individuals within the Unit process the data collected as a result of establishing the register. The register is limited in the amount of personal data that is collected on ChIRPs and only contains essential details including ChIRP contact details.

3.2 Personal data to be processed.

Variable: Data Source

ChIRP's name: ChIRP

ChIRP's contact details (email and telephone): ChIRP

ChIRP's bank account details: ChIRP

Details of ChIRP training undertaken / outstanding / completed and passed: SG / training provider

Details of appointment of ChIRP to register: SG

Reason for ChIRP removal from the register: SG

3.3 Describe how this data will be processed:

Individual ChIRPs provide their details to the Youth Justice and Children's Hearing Unit.

The register is maintained by Scottish Government officials and may only be accessed by identified officials when there is a need to identify a ChIRP for a child who is going to be subject to an investigative interview under section 39 of the Act. Officials ensure that the register is kept up to date and accurate.

Information about pre-registration and refresher training undertaken by ChIRPs is provided to SG by the training provider.

SG's role is to maintain the register and to provide contact details for ChIRPs as required. Police Scotland (PS) request SG to provide the contact details for a ChIRP when operational partners have agreed that there will be an investigative interview. Once SG has provided the contact details, PS then contact the ChIRP directly.

All information is processed through the secure Scottish government IT networks and by the PS pnn secure network. Encrypted email is used to forward information to a named contact.

It is anticipated that the need to share information with PS will happen infrequently. Incidents involving children under 12 which require an investigative interview will be very rare. Prior to commencement of the Act, three 8 – 11 year olds each month would have been referred to the Principal Reporter on average for more serious offending concerns. Whilst it is now not possible for a Reporter to refer a child under 12 to a hearing on offence grounds, not all of those referred will reach the threshold of behaviour that invokes the police powers in the Act. Consequently, not all of those children will require an investigative interview, so will not need a ChIRP.

Data is held on the register only for as long as it is required. We ensure the data is stored and transferred securely, and is shared between SG and PS safely. We also discuss with PS their data handling obligations under DP and FOI legislation. The register is reviewed periodically to ensure it is up to date and correct, ensuring that details of individual ChIRPs are current.

3.4 Explain the legal basis for the sharing with internal or external partners:

The legal basis for processing, retaining and sharing the information is section 56 of the Age of Criminal Responsibility (Scotland) Act 2019 and the Age of Criminal Responsibility (Scotland) Act 2019 (Register of Child Interview Rights Practitioners) Regulations 2021.

As mentioned in section 3.1, section 56(1) of the Act requires Scottish Ministers to establish and maintain a register of persons who are authorised to provide advice, support and assistance to children in relation to their involvement in investigative interviews. Section 56(3) provides that Ministers may by regulations make further provision in connection with the register (including the establishment and maintenance of the register).