Electronic monitoring in Scotland: consultation on proposals for legislation

Part 5: Information and Data Sharing and Retention

Given the nature of the data collected which includes details of an individual's movements, decisions on how electronic monitoring data and information is generated, stored, analysed and accessed is an important consideration. The new technologies which could be utilised for the purpose of electronic monitoring, discussed in Part 1 above, would result in the collection of even more detailed information about the person being monitored. The question of data protection is even more important in this context.

The management of data produced or held under GPS, in common with all other data for electronic monitoring, must comply with the terms of the Data Protection Act 1998 and be proportionate. The federal GPS scheme for released sexual and violent individuals in Germany only uses inclusion and exclusion zones - the moment by moment monitoring of movement and the recording of trails is considered disproportionate and not strictly relevant to the safeguarding of former or potential victims. Information about the person's movements is available to the police for investigatory purposes only by request, and requires judicial approval.

The Working Group recommended that a clear framework be put in place to ensure that the control and processing of data collected as a result of electronic monitoring is appropriate and that such data is only used for the purpose for which it was intended. The collection, use, retention and destruction of all data collected in the course of electronic monitoring must comply with the data protection principles contained in the Data Protection Act 1998.

Particular attention will be paid to outlining the purpose for which the data will be collected and regulating the use and sharing of the data, especially in the context of criminal investigations and proceedings. The restrictions on the collection and use of data will apply to all agencies involved in the electronic monitoring system where they collect, use, retain or destroy the data collected.

Question 13: Should the data collected only be for the purpose of monitoring compliance with an order or licence condition, or should it also be used for other purposes such as the investigation of crime? Please include reasons for your answer.

Question 13a: What appropriate safeguards should be put in place for the collection, use, retention and destruction of data?