Tertiary Education and Training (Funding and Governance) (Scotland) Bill - Data Protection Impact Assessment (DPIA)

4.1

Have you consulted with the ICO using the Article 36(4) form?

(please provide a link to it)

If the ICO has provided feedback, please include this.

The ICO was consulted in relation to data processing by the SFC under the Bill, in compliance with the requirement of article 36(4) of the UK General Data Protection Regulation. The Article 36(4) form is included in Annex A.

The ICO confirmed the requirement to consult had been appropriately complied with and advised that they did not require further engagement unless there were changes to the proposals which significantly affected data processing (which there were not).

4.2

Do you need to hold a public consultation and if so has this taken place? What was the result?

The Scottish Government conducted a public consultation between 25 June and 20 September 2024. The consultation sought views on proposals to change what public bodies do in the post-school system in order to simplify responsibilities for apprenticeships and student support. In total, 194 consultation responses were received and analysed. This consisted of 133 responses from organisations and 61 from individuals.

The consultation included asking for views on collection or reporting of data from funded organisations, and any additional duties and powers that may be required. Respondents who saw a need for new duties for all organisations also agree that any organisation receiving public funding should be under a duty to provide evidence of impact. Some respondents also suggested that organisations in receipt of funding should be required to provide information on their contribution to tackling poverty and inequality and how they are making a wider social impact through training and development.

The analysis of the consultation responses can be found here: Post-School Education and Skills Reform legislation: consultation analysis - gov.scot

4.3

Were there any Comments/feedback from the public consultation about privacy, information or data protection?

No consultation responses expressed any views on privacy, information or data protection.