Domestic Abuse (Protection) (Scotland) Bill: DPIA

Summary - Data Protection Impact Assessment

12 Do you need to specify a Data Controller/s?

No

13 Do you need to include information collection duties or powers (legal basis for processing)?

No

14 Do you need to include explicit information sharing provisions (as related to duties, legal gateways, express powers):

• From one public sector organisation to another public sector organisation;

• From a public sector organisation to a private sector organisation, charity, etc.;

• Between public sector organisations;

• Between individuals (e.g. practitioners/ service users/sole traders etc.);

Upon request from a nominated (or specified) organisation?

No

15 Have you included any safeguards for personal data/interference with Article 8 rights?

Yes - there are some safeguards built into the legislation which will assist the police in balancing the rights of the interested parties e.g. an obligation to have regard to any representations made by the person against whom a police notice is to be made.

In addition, DAPNs can only be granted by constables holding the rank of Inspector or above.

16 Have you included any safeguards for personal data/interference with other rights?

No

17 Will the collection of personal data affect decisions made about individuals, groups or categories of persons, or might provisions result in the denial of a right or rights?

Yes - the collection of personal data will help inform whether a DAPN or DAPO should be imposed, that may result in the exclusion of the person subject to the notice or order from a home they share with the person at risk of domestic abuse, for a limited period of time.

18 Please summarise the key elements to be included for Bill drafters; please highlight risks to personal data, any comments about mitigating those risks, including any costs or options for addressing those risks through legislation.

This should be included in the Bill Instruction.

The Bill provides a new power for the police to impose DAPNs and to apply to the courts for DAPOs, to protect persons at risk of domestic abuse. This will require the transmission to the court of personal data relating to the person against whom the order is sought. However, specific provision is not required in the Bill as the police have a number of existing powers to apply to the courts for protective orders (e.g. risk of sexual harm orders, forced marriage protection orders) and we anticipate the same processes will be used by the police and courts to manage any risks relating to the use of personal data.