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Data Protection Compliance Report 2022-23

Perth and Kinross Council · 13 September 2023
Back to Scrutiny and Performance Committee — 13 September 2023 and its agenda

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PERTH AND KINROSS COUNCIL 
Scrutiny and Performance Committee 
13 September 2023 
DATA PROTECTION COMPLIANCE 2022-23 
Report by Data Protection Officer (DPO)
(Report No. 23/247) 
1. PURPOSE 
1.1 This report is the professional assessment of the Council’s compliance with
the UK General Data Protection Regulation (GDPR) by the Data Protection
Officer (as is required to be provided by her in accordance with the
legislation). This report relates to the year 2022-23. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Committee: 
(i) Notes the DPO’s assessment of the Council’s compliance with the
requirements of data protection legislation. 
(ii) Considers the Council’s performance in terms of compliance with the
GDPR and provides constructive scrutiny and comment. 
(iii) Notes that the DPO is confident that a reasonable degree of compliance
with data protection legislation has been achieved during 2022-23 and
that progress towards increased compliance across all Services will
continue during 2023-24 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background
• Section 5: Data Breaches
• Section 6: Data Subject requests
• Section 7: Policy and Process
• Section 8: Training 
• Section 9: Improvement Actions
• Section 10: Conclusion 
4. BACKGROUND 
4.1 The UK General Data Protection Regulation (“GDPR”) requires the Council,
as a public authority, to appoint a Data Protection Officer (“DPO”) and defines
tasks that the person must undertake. These tasks include monitoring and

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reporting on compliance with the GDPR. The Council’s Data Protection Policy
sets out that the DPO will present a report on the Council’s data protection
compliance to the Scrutiny and Performance Committee annually or more
frequently, if considered necessary. It is the role of the Scrutiny and
Performance Committee to consider the DPO’s report in relation to the
Council’s compliance and to provide appropriate constructive challenge and
comment. 
Role of DPO 
4.2 The role of the DPO is defined in the GDPR; the legislation places particular
restrictions on both the DPO and the Council in terms of roles and
responsibilities. The DPO, like the other Statutory Officers within the Council,
has an independent and autonomous role and the Council cannot instruct the
DPO how to undertake the role. It should be noted that legal responsibility for
compliance with data protection law lies with the Council as a public body and
not the DPO as an individual. The DPO does have a role in providing advice
and guidance to support the Council in complying with the legislation and to
monitor and report on its performance. The Committee can be assured that all
formal advice provided by the DPO, to date, to support the organisation and
ensure compliance, has been accepted. 
4.3 The DPO and the Information Rights Team sit within the Audit and
Governance Team, with the DPO maintaining a separate and distinct
reporting line to the Head of Legal and Governance Services in her capacity
as Senior Information Risk Officer. 
Resources of DPO 
4.4 The legislation also provides that adequate resources should be made
available to the DPO to enable them to fulfil their role. The Data Protection
Officer function does not have a dedicated team but is supported by the
Information Rights (formerly the Information Governance team) and
Information Security teams (referred to as the DPO’s team for the purposes of
this report). In terms of skills and expertise, as well as the DPO, there are 2
officers (1.7 FTE) within the Information Rights team who have specialised
data protection knowledge. At present, almost all staff time is required to deal
with increasing volumes of complex responsive work. 
5. PERFORMANCE: DATA BREACHES 
5.1 A data breach is defined as an incident involving “a breach of security leading
to the accidental or unlawful destruction, loss, alteration, unauthorised
disclosure of, or access to, personal data”. The term ‘security’ refers to both
technical measures and organisational measures such as policy, procedures
and practice. 
5.2 The Council is required to maintain a register of data breaches and, where
appropriate, report them to the Information Commissioner’s office.

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5.3 Between 1 April 2022 and 31 March 2023, the Council recorded a total of 95
data breaches (compared to 134 during the previous year). This 29%
reduction in the number of breaches may be attributable to increasing
awareness of what constitutes a data breach, advice on improving processes
previously provided by the Information Rights team and greater familiarity with
technology and processes adopted rapidly during the pandemic. However, it
is recognised that continued training on recognising and reporting data
breaches would provide assurance that all breaches were reported
appropriately. 
Any data breach is a matter which the DPO takes seriously, but in terms of
numbers, this figure needs to be considered in the context of the many
millions of interactions and transactions involving the processing of personal
information entailed in the delivery of all Council services in the course of a
year. The split of data breaches by Service is illustrated below: - 
5.4 The nature of the data breaches was as follows: - 
8
23
55
9
0
10
20
30
40
50
60
HSCP Corporate & Democratic Education & Childrens
Services
Communities
Number of Data Breaches
70
1
23
1
0
10
20
30
40
50
60
70
80
Unauthorised
disclosure
Unauthorised
access
Email error Data Loss
Nature of breaches

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5.5  In relation to the data breaches which have been recorded, the DPO confirms
that: - 
• almost all recorded breaches were reported promptly to the DPO and
any remedial action which was requested was taken quickly;
• where breaches have been identified, the relevant service area has
been keen to engage with the DPO to amend and improve practice;
• of the recorded breaches, particularly those categorised as email error
or unauthorised disclosure breaches, almost all appear to be
attributable to human error as a consequence of resource pressures
within the relevant service areas as opposed to any systemic failure of
process or policy; and
• of the 95 breaches, the DPO determined that 6 required to be reported
to the Commissioner’s Office (ICO) following a risk-based assessment
of potential impact on the data subject based on the nature/
circumstances of the information disclosed. 
5.6 Of the 6 breaches reported to the ICO: - 
• Five of these breaches were due to the unauthorised disclosure of
personal information and one to the loss of data.
• In relation to all of the reported breaches, the ICO was satisfied that the
actions taken by the Council in response to the breaches were
appropriate and did not require any further action. 
5.7 The DPO provides support and advice to services and teams when a data
breach has occurred and, where necessary, provides additional staff training
and written guidance. 
5.8 The DPO considers that there is a generally good and increasing
understanding across the Council in relation to what constitutes a data
breach. Breaches will continue to be monitored and advice and training
provided as appropriate. 
6. PERFORMANCE: DATA SUBJECT REQUESTS 
6.1 The GDPR gives data subjects a number of specific rights, such as accessing
and receiving a copy of information held about them, and having inaccurate
personal data rectified. Requests to exercise these rights must be responded
to within 1 month (interpreted by the Council as 28 calendar days), unless the
information requested is particularly complex in nature or the request is from
an individual who has made multiple requests; in these cases, an additional
two months to respond is permitted by the legislation. The DPO has
responsibility for dealing with requests received by the Council. 
6.2 There was a 27% increase in the number of subject access requests received
during 2022-23, compared to 2021-22. This increase is partly attributable to
individuals seeking confirmation of their care experience, in order to apply to
Scotland’s Redress Scheme for survivors of historical child abuse in care.
Many of the records processed in relation to this scheme contain a very large

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volume of information, some of which will contain sensitive personal
information relating to other individuals which may require to be redacted.  
6.3 Between 1 April 2022 and 31 March 2023, the Council received 211 requests
for access to personal information, of which: - 
• 154 have been completed.
• 57 are on hold pending further information from the requester (this is
sometimes never provided) or a decision on whether they wish to
proceed with making a request. 
6.4 Of the 154 requests that were processed: - 
• 129 were completed within 28 days (84%).
• 25 were responded to outwith the 28-day timescale (16%). 
6.5 Eighteen (72%) of those requests processed outwith the 28-day timescale
were complex requests, where the legislation permits an extension period of
up to two months. In many of these cases, information was released in
batches i.e., individuals received at least of part of their information within the
first 28 days. 
6.6 Over and above the 211 data subject access requests referred to above, the
Council received 10 other data subject requests during 2022-23: - 
• 3 requests for erasure (individuals have the right to request their
personal data is deleted);
• 6 requests for rectification (individuals can request that inaccurate
personal data is corrected); and
• 1 request regarding processing (individuals can request that the
processing of their information is restricted). 
6.7 In addition, the Council also received 38 information related complaints, either
directly from the data subjects or via the ICO, about the way personal data
had been handled. All these complaints have been dealt with. 
6.8 The Information Rights team also processed 43 requests for information made
during 2022-23, under a provision in data protection legislation which permits
authorities, such as Police and HMRC, to request personal information to
assist with criminal investigations and the assessment and collection of taxes. 
6.9 During 2022-23, the process through which information held in relation to
historical and current childcare files was streamlined. Rather than asking
officers from Education and Children’s Services to carry out searches and
extract information, officers from the Information Rights team now access
systems directly to identify and extract information held. 
6.10 Applicants for compensation from Scotland’s Redress Scheme can ask the
Council to verify that they have not previously received compensation related
to their experience in care. The Information Rights team now carries out these

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verification checks and liaises directly with the Scheme, rather than this work
being carried out by Education and Children’s Services. 
6.11 The Council is sometimes unable to provide information requested by
survivors of historical child abuse in care, usually because the person in
question was in an institution not run by local government. Recognising the
distress that this may cause applicants, work by the Information Rights team
to identify the location of records and to work with other local authorities and
educational establishments to ensure as comprehensive a response as
possible is provided, is ongoing. 
6.12 Where information held about requestors may cause them distress, the
Information Rights team now provides advance warning of this before issuing
their response. Individuals are regularly signposted to organisations that can
provide them with support going through their records. 
6.13 A new case management system for recording, processing and reporting on
information requests more efficiently will come into use in August 2023. 
6.14 The DPO is satisfied that data subject requests are being handled
appropriately within the resources available. 
7. SURVEILLANCE & INTERCEPTION OF COMMUNICATIONS 
7.1 The Council has powers under the Regulation of Investigatory Powers
(Scotland) Act to undertake directed surveillance and to utilise covert human
intelligence sources. The Council also has powers under the Regulation of
Investigatory Powers Act to obtain information (‘intercept’) about electronic
communications. 
7.2 Council officers have a duty to report on the use of these powers to Elected
Members. 
7.3 During 2022/23, no directed surveillance was authorised, no covert human
intelligence sources were used, and no electronic communications information
was obtained. 
7.4 The Council’s policy statement on the use of directed surveillance and the
intercept of communications is attached as Appendix 1. 
8. TRAINING 
8.1 Throughout the year, the importance of data protection has been signposted
to all staff through use of the Council’s intranet and Managers’ briefings, as
well as reminders about data protection issues in staff communications, at the 
DPO’s request. 
8.2 The DPO has also delivered targeted training sessions to individual teams
and groups of staff, on request throughout the year.

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8.3  The DPO and her team provided training to elected members following the 
election of the new Council in May 2022. Support, awareness- raising and
advice is provided to councillors on an ongoing basis, as required. 
8.4 It is acknowledged that increasing workload of the small team has limited the
ability to provide more general training throughout the year. 
8.5 New online data protection training will be made available to all Council staff
during August 2023. 
8.6 The DPO considers there to be a reasonable level of general awareness
across the Council and notes that staff appear to be willing to seek advice and
support from the DPO. 
9. DATA PROTECTION POLICY AND PROCESS 
9.1 The DPO is satisfied that the Council has a Data Protection Policy which
complies with the separate requirements of the UK GDPR and the Data
Protection Act 2018. 
9.2 It is a statutory requirement that the Council be able to provide evidence of its
compliance with the legislation at all times. Compliance is therefore
documented and evidenced by the Council’s use of: - 
• Data Protection Impact Assessments (DPIAs)
• Detail of Data Processing Agreements
• Privacy Notices
• Data Sharing Agreements (DSAs) 
9.3 It is the responsibility of the Council to carry out DPIAs and ensure Data
Processing Agreements and Privacy Notices are in place. The role of the DPO
is to assist and advise in their creation and to maintain registers of the
documentation. 
9.4 The DPO is satisfied that there is some form of privacy notice in place in
relation to all processing of personal information carried out by the Council.
Processing may be covered by the General Privacy Notice which appears on
the Council website or by more specific short or detailed privacy notices. The
DPO continues to monitor, review and provide advice to services as required.
Privacy notices are required where we collect personal data. The Council has
a general privacy notice in place and short privacy notices are generally in
place as required. Work is ongoing with Services to ensure that corresponding
detailed privacy notices are also in place. 
9.5 Where personal information requires to be shared with other parties (e.g.,
Police, Health etc) best practice requires that Data Sharing Agreements
should be put in place. These are specialised documents which tend to be
lengthy and time-consuming pieces of work, often needing extensive
consultation with the other organisations involved. The DPO is satisfied that

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Data Sharing Agreements are in place where required, and that the Council is
adopting best practice wherever possible. 
9.6 The UK government has announced its intention to make changes to data
protection legislation. The draft Data Protection and Digital Information Bill,
which was introduced in June 2022, amended rather than repealed existing
legislation. After a period of consideration, this Bill was withdrawn and the
Data Protection and Digital Information (No. 2) Bill was introduced to
Parliament in March 2023. This is being now being considered as part of the
wider legislative process. The extent of the proposed changes is expected to
be relatively limited; however, there will be a requirement to review our
policies and processes once the new legislation comes into force. 
10. IMPROVEMENT ACTIONS 
10.1 Work to further streamline processes in relation to collating responses to
subject access requests will continue during 2023-24. 
10.2 Training on recognising and reporting data breaches will be developed and
delivered during 2023-24 to ensure as far as possible that all incidents are
reported to the DPO. 
11. CONCLUSION 
11.1 Given the breadth of all local authorities’ activities and the millions of
transactions involving personal data that are processed each year, no local
authority can state categorically that it is fully compliant with data protection
legislation. It is the opinion of the DPO, however, that the Council continues to
achieve a reasonable and acceptable level of compliance. 
11.2 The DPO is satisfied that the principles of GDPR compliance are understood
and embedded as normal practice across the Council. When procedural
failings involving data protection occur, these can almost always be attributed
to human error as opposed to a systemic failure in terms of policy or process. 
11.3 Whilst the Council would wish to avoid any data breach, given the volume and
range of personal information which it processes, the number of reported
breaches remains very low, with only a small percentage of these meeting the
threshold requiring them to be reported to the Information Commissioner’s
Office. 
Author(s)
Name  Designation Contact Details
Jillian Walker  Data Protection Officer DPO@pkc.gov.uk

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Approved 
Name Designation Date
Lisa Simpson Head of Legal & Governance /
Senior Information Risk Officer 
8 August 2023 
Karen Donaldson  Chief Operating Officer 9 August 2023

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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement n/a
Corporate Plan n/a
Resource Implications n/a
Financial n/a
Workforce n/a
Asset Management (land, property, IST) n/a
Assessments n/a
Equality Impact Assessment n/a
Strategic Environmental Assessment n/a
Sustainability (community, economic, environmental) n/a
Legal and Governance n/a
Risk n/a
Consultation n/a
Internal n/a
External n/a
Communication n/a
Communications Plan n/a 
1. Strategic Implications 
Not applicable. 
2. Resource Implications 
Not applicable. 
3. Assessments 
• Equality Impact Assessment – not applicable
• Strategic Environmental Assessment – not applicable
• Sustainability – not applicable
• Legal and Governance – not applicable
• Risk – not applicable 
4. Consultation 
Not applicable. 
5. Communication 
Not applicable.

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2. BACKGROUND PAPERS 
None. 
3. APPENDICES 
The Regulation of Investigatory Powers (Scotland) Act 2000 Policy Statement.