Social care - Independent Review Panel: terms of reference

Communications

In line with independence but reflecting the Scottish Government’s contribution to the review’s work as secretariat support, the Scottish Government will establish secure record-keeping mechanisms that keep material relating to the Review separate from general information held by the Scottish Government. This will make clear that, for the purposes of FOISA, the Scottish Government is holding this information on behalf of the Review.

The Scottish Government, including in its role as secretariat to the Review, is subject to requests for information under FOISA. This means that material provided to officials acting in a secretariat role by the Review Panel would be information held by the Scottish Government for the purposes of FOISA. In the event of a request for information being received the Scottish Government would, in the usual way, consider if any exemptions applied to the release of the information. Consideration of exemptions may involve the application of the public interest test.

The Scottish Government in its secretariat role will ensure that any data is processed in compliance with the UK General Data Protection Regulations and the Data Protection Act 2018.

To support public understanding of the work of the Review Panel, the Scottish Government in its secretariat role will publish terms of reference, high level work plan and minutes of meetings. The Review Panel will consider the publication of other information where appropriate.

Otherwise, Review Panel discussions are confidential. Review materials and any information about the subjects discussed are confidential and not to be shared with third parties.