Health and Wellbeing Census queries (following request 202400391660): FOI release

Information requested

Question 1. You asked the wording of the FOI response is adjusted to make it clear whether it was rare to use an Ethics Peer Review because there are rarely projects that receive a Red – Highly Sensitive rating, or because even if projects receive that rating, normally they’re not escalated and, if so, why that is the case.

Question 2. You asked how on earth could the Scottish Government seriously think that this HWB Census where the data would be accessed by a contractor straight away (aside from SmartSurvey) did not cover any identified populations or contain any combination of questions requiring an external ethics review?

Question 3. You have asked that we also provide the links and precise locations in documents where there is clear and specific reference to the linking of responses with the pupil census in the privacy notices for parents and children.

Question 4. You asked for information regarding how the Scottish Government will ensure that the rights of the individual children and young people under the UK GDPR and other relevant legislation will be ensured.

Question 5. You have asked that the “Scottish Government (1) evidence how this clause - This is set out in both the Scottish Government DPIA and Privacy Notice. UK GDPR Article5 (1) (c) says: “ Personal data shall be: (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation) – relates to data minimisation and the legislation quoted in the FOI response. (2) How it permits and necessitates the capture of sensitive personal data on one person/people, by using another person (a child) where both are identifiable, and active consent has not been given (meaning the person/people about whom the data is being gathered are neither aware those questions are being asked about them of another person, or perhaps even aware the entire survey is taking place)?

Question 6. You have asked why the Cabinet Secretary was not informed of all of the reasons requiring the use of SCN.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested.

Also, some of the information you have requested is available from existing websites. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Finally, an exemption(s) under section 38(1)(b) in respect of the names of the individuals has been applied in Enclosures 1-4 and 8-9 of the attached document.

Question 1. You asked the wording of the FOI response is adjusted to make it clear whether it was rare to use an Ethics Peer Review because there are rarely projects that receive a Red – Highly Sensitive rating, or because even if projects receive that rating, normally they’re not escalated and, if so, why that is the case.

Section 25(1) exemption applies as this information is otherwise already accessible. This information is available in the Social Research Ethics Guidance and Sensitivity Checklist available at Scottish Government social research: protocols and guidance. 

Question 2. You asked how on earth could the Scottish Government seriously think that this HWB Census where the data would be accessed by a contractor straight away (aside from SmartSurvey) did not cover any identified populations or contain any combination of questions requiring an external ethics review?

Section 25(1) applies as this information is otherwise already accessible. This information is available in the Social Research Ethics Guidance and Sensitivity Checklist available at Scottish Government social research: protocols and guidance and the Scottish Government Health and Wellbeing Census Data Protection Impact Assessment.

Question 3. You have asked that we also provide the links and precise locations in documents where there is clear and specific reference to the linking of responses with the pupil census in the privacy notices for parents and children.

The Scottish Government Privacy Notice for Parents and Carers does not specifically set out that the Scottish Government will link the HWB census data with the Pupil Census Data, this was an error in our response to FOI 202400391660. However, they do indicate that data linkage will occur.

Section 25(1) applies as this information is otherwise already accessible. This information is available in the Letters to Parents/Carers, available in FOI response 202200290345 (enclosure 13 paragraphs 4 and 5) and in the Scottish Government Health and Wellbeing Census Data Protection Impact Assessment section 3.3.

Question 4. You asked for information regarding how the Scottish Government will ensure that the rights of the individual children and young people under the UK GDPR and other relevant legislation will be ensured.

Section 25 applies to some of the information requested as this information is otherwise already accessible. This information is primarily available in the Scottish Government Health and Wellbeing Data Protection Impact Assessment. 

Additional information is in the attached enclosures document.

Question 5. You have asked that the “Scottish Government (1) evidence how this clause - This is set out in both the Scottish Government DPIA and Privacy Notice. UK GDPR Article5 (1) (c) says: “ Personal data shall be: (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation) – relates to data minimisation and the legislation quoted in the FOI response. (2) How it permits and necessitates the capture of sensitive personal data on one person/people, by using another person (a child) where both are identifiable, and active consent has not been given (meaning the person/people about whom the data is being gathered are neither aware those questions are being asked about them of another person, or perhaps even aware the entire survey is taking place)?

In response to part (1), Section 25(1) applies as the information is otherwise already accessible. This information is available in the Scottish Government Health and Wellbeing Data Protection Impact Assessment.

In response to part (2), Section 25(1) applies as the information is otherwise already accessible. This information is available in the response to your FOI 202400398324 Review of case 202400391660 - HWBC Ethics. It is not possible for Scottish Government to identify an individual, or members of the pupil’s household, using an SCN.

Question 6. You have asked why the Cabinet Secretary was not informed of all of the reasons requiring the use of SCN.

Section 25(1) applies as the information is otherwise already accessible in paragraph 30 Enclosure 2: Submission: Health & Wellbeing Census (P5-S6 pupils) 2021-22 – September 2021 of FOI/202200299353. 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400401232 - Information released - enclosures document

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