Fair Work Action Plan 2022 and Anti-Racist Employment Strategy 2022: data protection impact assessment

2. Approach

This chapter sets out the approach to assessing the potential impacts of the RAP and ARES. The assessment criteria consider how the actions could have both positive and negative impacts. In considering the impacts, this DPIA takes a 'worst case scenario'.

The approach for undertaking this DPIA and compiling this report follows a six-stage process:

1. Screening for impacts

An overview of guidance and requirements, key evidence and issues and initial screening for potential impacts including a framework for more detailed assessment.

2. Stakeholder engagement

Interviews with stakeholders from equality organisations representing a range of groups and businesses.

3. Impact Assessment Input Note

A technical note for the Scottish Government highlighting the key impacts identified through initial screening and stakeholder engagement for the purpose of finalising the draft RAP and ARES

4. Baseline evidence review

Review of relevant legislation and policies as well as evidence relating to the Fair Work agenda with regards to protected characteristic groups, deprivation, poverty and labour market statistics.

5. Assessment of potential impacts

Informed by a consideration of the policy context, reviewed evidence and feedback received through stakeholder engagement.

6. Recommendations and conclusions

Concluding on key positive and negative impacts as well as planned and recommended actions for minimising negative or uncertain impacts.

2.1 Screening for impacts

A series of screening reports, including a DPIA screening report, were produced for the Bute House Agreement grant conditionality commitment, RAP and ARES in October 2022.

These reports presented a screening of potential impacts for the six headline actions of the draft RAP and the eight key actions of the draft ARES provided by Scottish Government. The screening was prepared using publicly available data and evidence.

A screening report was also undertaken for a Strategic Environmental Assessment (SEA) which invited statutory consultees to comment through the Government Gateway. This process concluded that there are no significant environmental impacts and a final impact assessment is not required.

2.2 Stakeholder engagement

Stakeholder engagement was undertaken to support the evidence outlined in the screening report and contribute to finalising the draft RAP and ARES documents. The views of equality organisations and businesses towards the RAP and ARES actions.

Scottish Government and AECOM identified 103 stakeholders for AECOM to engage with across all impact assessments. This included:

• The ARES Short Life Working Group;
• Disability Short Life Working Group;
• Sub Group of the Gender Pay Gap Ministerial Working Group;
• Protected characteristic groups;
• Island communities; and
• Businesses.

Stakeholders were invited to complete an online survey to submit their views on the two draft documents. Alternatively, one-to-one discussions were offered to stakeholders who required a more in-depth discussion of the initiatives. Alongside one-to-one discussions and the survey, the following stakeholder engagement activities took place:

• Organisations first contacted via email on 26^th October 2022;
• Webinar to equality focused organisations on 31^st October 2022;
• Business organisations contacted via Scottish Government's October 2022 bulletin; and
• Virtual business engagement session on 7^th November 2022.

The Scottish Government provided an overview of the Bute House Agreement grant conditionality commitment, the RAP and the ARES to share with stakeholders via email and in one-to-one discussions.

Four stakeholders took part in one-to-one discussions, both on Microsoft Teams and in person, and four submitted survey responses between 26^th October and 15^th November which fed into the input note for the Scottish Government.

AECOM used the findings of the stakeholder engagement to develop an Impact Assessment Input Note which was submitted to the Scottish Government on the 15^{th of} November 2022. This set out key issues, consideration and recommendations finalising the draft RAP and ARES documents.

Following this, AECOM continued stakeholder engagement between 15^th November 2022 and 9^th January 2023 to ensure that a wide range of voices contributed to the development of the impact assessments. An additional six stakeholders engaged in one-to-one discussions and five submitted survey responses which fed into the final assessment of impacts.

2.3 Impact Assessment Input Note

An Input Note was submitted to the Scottish Government on 15^th November. For each impact assessment, this highlighted the key impacts of the RAP and ARES as identified through the screening process and stakeholder engagement activities.

AECOM delivered a virtual presentation of the input note to the Scottish Government colleagues involved in the drafting process of the RAP and ARES.

The input note provided a final opportunity for external input into the two documents prior to the finalisation of actions.

2.4 Baseline evidence review

The baseline covers the following:

• Review of all relevant documentation and available information regarding the RAP and ARES including the Fair Work Framework (2016), Fair Work Action Plan (2019) and 'Becoming a Fair Work Nation' consultation documents;
• Review of relevant legislation and policies to develop context pertinent to the DPIA; and
• Evidence and key issues regarding potential data protection impacts as identified through secondary data and research provided by Scottish Government, stakeholders and desktop review.

2.5 Assessment of data protection impacts

This DPIA presents the review of each of the overarching actions in the RAP and ARES, as well as the impacts associated with the detailed actions sitting within where necessary.

The assessment and identification of potential impacts has been based on the evidence and key issues (as set out in Section 4 of this report), information provided through discussions with the Scottish Government and stakeholder engagement.

The scoring mechanism used for the assessment initially provides a score of the effect of the policy for each of the relevant groups as follows:

• Major Positive Effect - The action contributes significantly to the protection of data.
• Minor Positive Effect - The action contributes to the protection of data, but not significantly.
• Neutral/Negligible Effect - There is no clear relationship between the action and the protection of data, or the relationship is negligible.
• Minor Negative Effect - The action detracts from the protection of data, but not significantly
• Major Negative Effect - The action detracts significantly from the protection of data. Mitigation is therefore required
• Uncertain Effect - The action has an uncertain relationship to protection of data, or the relationship is dependent on the way in which the aspect is managed. In addition, insufficient information may be available to enable an assessment to be made and will be gathered through further consultation and/or research

2.6 Recommendations and conclusions

Sections 6 of this report sets out conclusions on the impacts of the RAP and ARES.

The final section of this report sets out recommendations for enhancing the benefits to those affected by the Fair Work initiatives as well as appropriate mitigation against adverse impacts