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Annual Data Protection Report for Financial Year 2021-22

North Lanarkshire Council · 1 March 2023
Back to Finance and Resources Committee — 1 March 2023 and its agenda

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North Lanarkshire Council
Report
Finance and Resources Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref  AA/AG/PC/GG Date 29/11/22 
Annual Data Protection Report for Financial Year 2021-22 
From  Archie Aitken, Chief Officer (Legal and Democratic)  
E-mail aitkena@northlan.gov.uk Telephone     07939 280102 
Executive Summary 
The purpose of this report is to provide Committee with information on the Council’s Data
Protection compliance and activity in respect of financial year 2021-22. 
Recommendations 
It is recommended that Committee gives consideration to the contents of the report. 
The Plan for North Lanarkshire
Priority  Improve North Lanarkshire's resource base
Ambition statement (25) Ensure intelligent use of data and information to support fully
evidence based decision making and future planning

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1. Background 
1.1 This report by the Chief Officer of Legal and Democratic, as the Council’s Data
Protection Officer (DPO), provides an update in relation to the Council’s data protection
compliance and activity in respect of the Financial Year 2021/22. 
2. Report 
2.1 The Information Governance Policy Framework brings together the Council’s
information governance policies, including the Data Protection Policy. The Framework
was reviewed in 2020/21 and approved by Policy and Strategy Committee before
being issued as part of the Council’s Information Governance week in June 2021.  A
review of corporate data protection arrangements is currently underway and a report
on the review will be submitted to Committee, once concluded.  It was previously
identified that there was a need to review corporate procedures for dealing with subject
access requests to ensure that requests were being dealt with consistently across the
Council. This work was impacted by the pandemic, however, comprehensive Subject
Access Request Guidance was completed in April 2021 and circulated to Services in
June 2021 alongside the following resources: 
- Personal Data Breach Case Study and Lessons Learned Note
- Info Note 1: What is Personal Data
- Info Note 2: Data Controllers and Data processors
- Info Note 3: Data Protection Principles
- Info Note 4: Privacy Notices 
2.2 Personal Data Breaches 
2.2.1 The Council has a statutory obligation to report a personal data breach (where it has
been assessed as resulting in a risk to the rights and freedoms of the individual(s)
affected) without undue delay and, where feasible, not later than 72 hours after having
become aware of the breach, to the Information Commissioner’s Office (ICO).  Where
the risk to the data subject is considered to be high then the Council should also
contact them to advise them of the breach.   
2.2.2 The DPO maintains a record of personal data breaches in accordance with the Data
Protection Act 2018 and the UK GDPR. The total number of breaches notified to the
DPO in the financial year 2021/22 was 69. This compares with 49 in the previous
year. Of these, 5 met the threshold for reporting to the ICO, compared with 12 in the
previous year. This represents a year on year increase of 41% in the volume of data
breaches recorded across the Council with a significant improvement in the proportion
of cases meeting the threshold for reporting to the ICO. 
2.2.3 The ICO did not take enforcement action in respect of any of the reported breaches. It
did, however, make a number of observations and recommendations.  
- One breach resulted from a cyber-attack on one of the Council’s contractor’s
systems, which culminated in a police investigation. Although actions were
taken by the contractor, as data processor, to mitigate and report the breach,
the Council were not timeously notified of the breach and this was the subject
of a review with the data processor. 
- The importance of accurately recording information about data subjects within
records and ensuring that any manually recorded information is accurately

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migrated into any electronic record. 
- Ensuring that any attachments to emails are correctly identified and that any
manual correspondence is accurately addressed and contains only information
properly intended for that recipient. 
- populated forms should not be provided in response to requests for blank forms  
- forms populated with an individual’s personal data must not be used as a
template. 
- ensuring appropriate double checking and verification measures are in place. 
- managers must remind staff of their responsibilities to ensure that personal
data is processed securely. 
2.3 Subject Access Requests 
2.3.1 As members are aware, a Subject Access Request (SAR) is a request made by an
individual in order to access their personal information that is held by an organisation,
which normally has to respond to the request within one month.  However, if the
individual has made a number of requests or if the request is complex then the
organisation may need additional time to consider the request and can take up to a
further two months to provide their response.  If they intend to do this then they should
let the individual know within one month that more time is required and the reason for
this. 
2.3.2 The Council’s SharePoint platform has been used since December 2019 to record the
number of SARs received by services and the extent of compliance with statutory
timescales in responding to such requests.  The volume of SARS received throughout
the Council and the extent  of compliance is reported quarterly to the Data Governance
Board. 
2.3.3 167 SARs were recorded as received during 2021/2022. 73.7% of these were
responded to within statutory timescales. This compares with 98 SARs received in
2020/2021, of which 62% were actioned within statutory timescales. There has
therefore been an improvement in the rate of compliance with statutory timescales for
responding to SARS despite a higher overall number of SARs being received. 41.3%
of all recorded SARs received by the Council in 2021/2022 were in respect of Social
Work. 
2.4 Complaints 
2.4.1 There were 5 recorded complaints received from the ICO during 2021/22. These
related to the following: 
- a failure to respond timeously to one of a series of SARs made by a data subject 
- reference to outdated data protection legislation within one form issued by the
Council 
- a complaint that the Council had failed to provide certain information in response
to a SAR that required responses from a number of services

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- personal data relating to an individual had wrongly been made available on one
of the Council’s online public portals 
- a complaint that a SAR had not been properly responded to because the
information provided in response to it had not covered the period of time specified
in the request. 
2.4.2 The ICO have adopted a policy of increasingly encouraging data controllers to engage
directly with individuals who have made complaints to their office as regulator, rather
than directly intervening. At the conclusion of the complaint, where the ICO have not
decided to take any formal enforcement, they will usually make recommendations to
the data controller about any steps which they feel could be taken to address any
shortcomings in respect of their compliance highlighted in the particular case (as
referred to in Section 2.2 above). Any such recommendations have been fed back
directly to relevant Services by the Information Governance Team and also by periodic
reporting through meetings of the Council’s Data Governance Board. 
2.4.3 The total of 5 reported regulator complaints compares with one reported ICO complaint
for the year 2020/2021. This represents a significant increase from a low comparator.
It is not possible to definitively ascertain whether this increase results from a reduction
in compliance or whether because of an increased general awareness of the right to
complain to the regulator. The majority of ICO complaints related, as would be
expected, to responses to SARs. The Council received a 70.4% increase in the level
of SARs received during this financial year. A corresponding increase could therefore
be anticipated in ICO complaints. 
2.5 Data Protection Training 
2.5.1 The Council’s online training portal has several mandatory modules which staff  are
required to complete every two years. Data Protection and Information Security
Awareness training falls within the category of mandatory training and the level of
uptake of these modules is reported to and monitored by the Data Governance Board.
In addition to the basic Data Protection training module, an advanced module has also
been developed. Since June 2021, the advanced training module has been mandatory
for all employees who have responsibility for staff and for those whose roles have
been identified as requiring an enhanced level of training. 
2.5.2 A review of the Council’s Information Governance and Security arrangements was
undertaken and is detailed in the Internal Audit Progress Report which was reported to
the Audit and Scrutiny Panel in March 2021. The review concluded that, while there
was a ‘reasonable assurance’ that the Council had appropriate and generally effective
arrangements in place in relation to information governance and security, the uptake
of mandatory training across the Council by relevant staff was low and in need of
improvement. Training compliance in respect of the mandatory online training modules
increased from between 6 to 13% compliance in 2019/2020 to between 54 to 61% in
2020/2021.  The compliance level in respect of the advanced Data Protection module
for 2020/2021 was 69%. 
2.5.3 As at March 2022, 50% of relevant staff had completed the Data Protection Essentials
Module, 63% of staff had completed the Advanced Data Protection module and 48%
had completed the Information Security Awareness and Records and Information
Management mandatory modules. Although levels of training undertaken in this area
has increased significantly from a low base in 2019/2020, the level of uptake has fallen
short of levels achieved in the previous financial year.

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2.6 Service Specific Training 
2.6.1 Further training sessions have been developed and delivered by Legal Services’
Information Governance Team.  At the request of the Social Work Service, face to face
training has been delivered through Microsoft Teams to officers who have direct
responsibility for responding to subject access requests, and 75 officers have received
the training to date.  This encompasses a variety of posts, including but not restricted
to, social workers, senior social workers and residential and house managers. The
training encompassed and reinforced principles contained within the Corporate Subject
Access Request Guidance, with a particular emphasis on good practice in the redaction
of information in response to requests. The training also focused on the importance of
responding within statutory timescales and of appropriately supporting social work
clients who may be receiving substantial quantities of very sensitive personal
information. 
2.6.2 Legal Services aim to continue to deliver similar training to the other Council Services
as part of a rolling programme during Financial Year 2022/2023. 
3. Measures of success 
3.1  Continued compliance with statutory responsibilities and improved uptake of
mandatory training.     
4. Supporting documentation 
None 
Archie Aitken
Data Protection Officer & Chief Officer of Legal and Democratic

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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?   
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☒ No ☐ 
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact?
This report forms part of the duties of the Council’s Data Protection Officer (DPO)
whose role is to facilitate compliance with data protection legislation 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☒
5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi?

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Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
This report contains tracking and monitoring performance information relating to
Information Governance and Information Security. The Information Governance
and Information Security Risk is a key corporate risk on the Council’s Risk
Register, and tracking and monitoring performance in this area forms part of the
management controls which aim to reduce the risk and provide assurance on how
effectively it is being managed. 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services.