Publication - Impact assessment
Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: data protection impact assessment
This impact assessment records how data will be used in relation to the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill and how that use is compliant with data protection legislation.
4. Consultation
| Questions | Comments | |
|---|---|---|
| 4.1 | Have you consulted with the ICO using the Article 36(4) form? (please provide a link to it) If the ICO has provided feedback, please include this. | The Article 36(4) form was submitted to the ICO on 3 March 2023. This followed previous engagement with ICO in January 2023 and previous meetings that took place prior to the public consultation for the Bill going live in summer 2022. Officials met with the ICO in March 2023 to discuss the contents of the Article 36 (4) form to which they indicated that they are content and highlighted the need to complete further Article 36 (4) forms for subsequent regulations that will provide further detail on how the provisions will be implemented. They also confirmed that this will also be the case for the Section 104 Order that will be required for Cross Jurisdictional information sharing and the possible Section 104 Order for Barred and Advisory List provisions. As we have continued to work through the provisions in the Bill we have captured further provisions in this DPIA to those previously outlined in the Article 36 (4) form shared with the ICO. As such we approached ICO officials to engage further on those provisions through meetings in May 2023 . |
| 4.2 | Do you need to hold a public consultation and if so has this taken place? What was the result? | We publicly consulted on Police Complaints, Investigations and Misconduct legislation between 24 May to 16 August 2022. This delivered our 2021 to 2022 Programme for Government commitment to consult on legislative proposals made by DameElish Angiolini's Review, published in November 2020. We published the consultation analysis on Police Complaints, Investigations And Misconduct legislation (as well as a summary of the consultation analysis) on 30 November 2022. All consultation responses which gave permission to be published are also available. |
| 4.3 | Were there any Comments/feedback from the public consultation about privacy, information or data protection? | Conclusions of the consultation did not provide any opinions on the data protection relevant proposals which differ from those we have already heard through prior direct consultation with policing organisations. Advice and intelligence from policing organisations are included in proposals and will continue to be included as implementation of these provisions is reached. |
Contact
Email: policeethicsbill@gov.scot
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