Democracy Spraffa

Item 8 - Data Protection Policy 2024

Renfrewshire Council · 12 September 2024
Back to Finance, Resources and Customer Services Policy Board — 12 September 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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___________________________________________________________________
To: Finance, Resources & Customer Services Policy Board
On: 12 September 2024
___________________________________________________________________
Report by: Director of Finance and Resources
___________________________________________________________________
Heading: Data Protection Policy
___________________________________________________________________
1. Summary 
1.1 The Data Protection Act 1998 (“DPA”) regulated the processing of
personal data and imposed obligations on the Council, as a data
controller from 1 March 2000 until 25 May 2018. In response to this, the
Council first introduced a Data Protection Policy in June 2001, outlining
roles and responsibilities for data protection compliance. The Policy is
subject to review every two years. The most recent revisals were
approved by Board in August 2020 to reflect the changes to data
protection law made by the GDPR and the Data Protection Act 2018
and in September 2022 to make explicit reference to “UK GDPR”. This
is based on the EU GDPR, which applied before that date in the UK,
with some changes to make it work more effectively in a UK context. 
1.2 The Policy is now due for routine review. The proposed revisals, which
are highlighted for ease of reference, are minor and reflect a change in
structure within the Information Governance Team. 
1.3 The September 2022 Board report advised that the Data Protection and
Digital Information Bill had recently been introduced into Parliament. It
was anticipated that this would be heavily debated and amended as it
progressed through Parliament. As this was not enacted before the
dissolution of Parliament, this Bill is now considered failed.

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This means that the UK GDPR and the DPA 2018 continue to form the
UK law on data protection.
___________________________________________________________________ 
2. Recommendations 
2.1 It is recommended that the Council approve the revised Data Protection
Policy, which forms the Appendix to this report, and agree that this
continues to be reviewed on a two-yearly basis.
_________________________________________________________ 
3. Background
3.1  The Council is committed to data protection compliance and first
approved a Data Protection Policy in June 2001. The purpose of a Data
Protection Policy is to outline roles and responsibilities for data protection
compliance.  The Director of Finance and Resources is the Senior
Information Risk Owner (“SIRO”) for the Council. GDPR, as of 2018,
required the Council to have a statutory officer, known as the Data
Protection Officer. This role is discharged by the Managing Solicitor
(DPO). Finance and Resources therefore take the overall lead in Data
Protection and wider Information Governance matters.  However, each
Service and its senior management are obliged to retain a responsibility
for data protection compliance.  Given this devolved responsibility, each
Service has a nominated data protection representative and depute. 
Service data protection representatives are members of the Council’s
Data Protection Working Group, which meets quarterly.  The role of the
Service data protection representative is to ensure data protection
compliance within their Service, albeit advice can be obtained from the
Data Protection Officer and the Information Governance team, at any
time.   
3.2 The policy continues to devolve responsibility to Services for
departmental compliance, whilst also reflecting the statutory role of the
Managing Solicitor (DPO) and the role of SIRO. 
3.3 The Policy has been updated to include explicit reference to the Council’s
Records Management Officer and the Assistant Managing Solicitor
(Information Governance). 
___________________________________________________________________

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Implications of the Report
1. Financial – none. 
2. HR & Organisational Development – HR & OD assist with training in
and awareness of UK GDPR, by facilitating the launch of annual data
protection refresher training.   
3. Community Planning – N/A 
4. Legal – this Policy ensures ongoing compliance with data protection
obligations.  
 
5. Property/Assets – none.   
6. Information Technology – ICT are essential to data protection
compliance, given their cyber security and information management
function and their lead role in relation to the Council’s Information Asset
Register.  
7. Equality & Human Rights - The Recommendations contained within
this report have been assessed in relation to their impact on equalities
and human rights. No negative impacts on equality groups or potential
for infringement of individuals’ human rights have been identified
arising from the recommendations contained in the report. This policy
seeks to ensure compliance with individuals’ information rights.  If
required following implementation, the actual impact of the
recommendations and the mitigating actions will be reviewed and
monitored, and the results of the assessment will be published on the
Council’s website. 
8. Health & Safety – none.  
9. Procurement – none.  
10. Risk – this Policy supports the management of information risk, such
as a potential data protection breach. Compliance is addressed on the
Council’s corporate risk register to ensure that the Council is fully
compliant.

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11. Privacy Impact – the Council has conducted Privacy Impact
Assessments (PIAs) since 2013, as good practice in relation to projects
or initiatives which involve processing personal information in new ways
and have a potential privacy impact. Since May 2018, the Council has
been conducting mandatory Data Protection Impact Assessments
(DPIAs) as required to ensure compliance with data protection
legislation and this Policy.
12.  Climate Risk – not applicable.
13. Children’s Rights – not applicable.
14. Cosla Policy Position – not applicable.
______________________________________________________
List of Background Papers 
N/A
___________________________________________________________________ 
Author:         Allison Black, Managing Solicitor (DPO)  
0141 487 1086   
Alison.Black@renfrewshire.gov.uk

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Renfrewshire Council 
Data Protection Policy   
V87 20242

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Document History 
Document Review and Approval
Name Action Date Communication
Andrew Connor, Records
Manager
Consulted March 2018 Email
Version Date Author Reason for Issue/Change
1 June 2001 Craig Geddes, Archivist 
2 June 2012 Allison Black, Assistant
Managing Solicitor
New governance
arrangements
3 August
2014
Heather Semple
Solicitor (Information
Governance)
2-yearly update
4 August
2016
Heather Syme, Senior Solicitor
(Information Governance)
2-yearly update
5 March
2018
Allison Black, Managing
Solicitor (DPO)
Early update due to
legislative change
6 August
2020
Allison Black, Managing
Solicitor (DPO)
2 –yearly update
7
8
September
2022
June 2024
Allison Black, Managing
Solicitor (DPO)
Allison Black, Managing
Solicitor (DPO)
2 – yearly 
2-yearly update

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Data Protection Working
Group
Consulted March 2018 Email
Data Protection Working
Group
Consulted February
2020
Email
ICT Enterprise
Architecture Team
Consulted February
2020
Email
Karen Locke, Risk
Manager 
Data Protection Working
Group
Consulted 
Consulted
February
2020 
July 2024
Email 
Email 
Related Documents
Ref Document Name/ Version Document Location
1 Guidance on Responsible Use of
Personal Data and Confidential
Information 
2 Records Management Policy 
3 Freedom of Information Policy 
4 Data Protection Guidelines 
5 Subject Access Request Guidelines 
6 Information Security Policy 
7 ICT Acceptable Use Policy 
8 Information Handling Policy

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Title Data Protection Policy
Author Allison Black
Issue Date September 2022 2024 
Subject Data Protection
Description Renfrewshire Council’s policy on data protection and issues
surrounding data protection to ensure compliance with UK GDPR 
and the DPA 2018
Version 8.0
Source Version 2 of the Data Protection Policy by Allison Black in August
2012
Updating
Frequency
Two Yearly unless required earlier due to legislative change
Right Not Protectively Marked.
Category Data Protection

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1. Introduction
1.1 The Council needs to collect and use information about people to discharge
its functions. This Personal Data must be handled properly and lawfully and
the Council is committed to data protection compliance and signed the
Information Commissioner’s ‘Information Promise’ as long ago as 2012. 
1.2 Although data protection legislation is complex, its ethos is simple.  It does
what its title suggests and protects people’s Personal Data by regulating the
way in which organisations, such as the Council, handle this.  In other words,
it is legislation to regulate the processing of Personal Data.
1.3 The Data Protection Act (“DPA”) 1998 imposed obligations on the Council, as
a data controller, since 1 March 2000. However, as of 25 May 2018, the EU
General Data Protection Regulation (“GDPR”) and the DPA 2018 came into
force. This was the biggest change to data protection law in twenty years.
1.4 GDPR and the DPA 2018 introduced a number of key changes, which were
reflected in the updates to this Policy in 2018 and its review in 2020.  On 1
January 2021 “UK GDPR” came into force. This now sets out the key
principles, rights and obligations for most processing of personal data in the
UK.  It is based on the EU GDPR, which applied before that date in the UK,
but with some changes to make it work more effectively in a UK context.
Although the Data Protection Act 2018 continues to set out the framework for
data protection law in the UK, this sits alongside and supplements UK GDPR,
for example, by providing some exemptions and setting out the Information
Commissioner’s functions.  
1.5 The Data Protection Principles
There are six Principles, which, cover rules for the maintenance, collection
and security of personal data. The Council is committed to complying with the
Data Protection Principles. 
As such, the Council undertakes that Personal Data will:
1. Be processed fairly, lawfully and transparently.

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2. Be collected and processed only for one or more specified, explicit and
legitimate purpose(s).
3. Be adequate, relevant and limited to what is necessary.
4. Be accurate and kept up to date and that inaccurate data will be erased
or rectified without delay.
5. Be kept for no longer than is necessary.
6. Be processed with appropriate security and use adequate technical and
organisational measures to prevent unauthorised or unlawful processing
or accidental loss, destruction of, or damage to Personal Data.
Under UK GDPR, the Council needs to be able to demonstrate compliance
with the principles. This is referred to as “accountability”. 
1.6 The Council, in recognition of its data protection obligations, first approved a
Data Protection Policy in June, 2001. Since then, a range of policies,
procedures and guidelines promoting compliance and best practice, have
been developed.      
In addition to the Data Protection Policy, key Council documents include:
 Guidance on Responsible Use of Personal Data and Confidential
Information, 
 Information Handling Policy
 Records Management Policy, 
 Freedom of Information Policy, 
 Data Protection Guidelines, 
 Subject Access Request Guidelines, 
 Information Security Policy; and
 ICT Acceptable Use Policy. 
This list is not exhaustive and all relevant data protection and wider information
governance guidance can be obtained from the information governance section
on the Council’s intranet.

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2.  Scope 
This policy applies to all Services, employees and Elected Members of
Renfrewshire Council and its Joint Committees and covers all Personal Data and
Special Category and criminal offence data (formerly “Sensitive Personal”) Data
which they process. It may, however, be read alongside other Council policies
and guidelines on use of non-personal data and wider information governance
issues. Specific provisions relating to Special Category Data forming part of this
Policy are annexed at Appendix 1. 
3. Data Protection Governance Arrangements
3.1 Corporate Responsibility 
The Council has a corporate responsibility for data protection and is defined as
a “Controller” under UK GDPR.
3.2 Corporate Management Team and SIRO 
The Director of Finance and Resources is the Senior Information Risk Owner
(“SIRO”) for the Council.  The SIRO is supported in this role by the Managing
Solicitor (DPO). The Managing Solicitor (DPO) reports to the Director of Finance
and Resources, as SIRO, on information governance issues, including data
protection compliance, on at least a monthly basis, and more regularly, as
necessary.  The SIRO and DPO report jointly to the CMT at least annually.
3.3  Statutory DPO 
GDPR obliges the Council to have a statutory Data Protection Officer (DPO) on
the basis of professional qualities and, in particular, expert knowledge of data
protection law and practices. The key tasks of the DPO are prescribed and are
to:-
 Inform and advise the Council on GDPR compliance;
 Monitor compliance;

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 Advise on Data Protection Impact Assessments;
 Train staff and 
 Conduct internal audits
 Be the first point of contact for the regulator and
 Have due regard to the risk associated with the Council’s processing operations.
The Assistant Managing Solicitor (Information Governance) is the nominated Depute
for the DPO. 
3.4 SMTs
3.4.1  Each Service and its senior management will retain a departmental
responsibility for ensuring data protection compliance.  
3.4.2  All Services are required to nominate a departmental data protection
representative of appropriate seniority and a depute.  
3.5.   Employees
3.5.1   All employees and Elected Members are individually responsible for ensuring
that the processing of Personal Data is in accordance with UK GDPR and the
DPA 2018 and should familiarise themselves and comply with Council data
protection guidance. Advice can be obtained at any time from Information
Governance Team.
3.5.2  The SIRO has overall responsibility for information governance. However, the
day to day responsibility for driving the Council’s information governance
agenda is delegated to the Managing Solicitor (DPO).  
3.5.3  The main role of the Service data protection representative will be to ensure
compliance within his/her Service, by dealing with Service specific subject
access requests, passing on advice and training and maintaining the accuracy
of the Service’s entries into the Council’s Information Asset Register, detailed
in paragraph 4.1.  The Information Governance team will maintain an up to date
list of Service data protection representatives.
3.5.4  The Records ManagerInformation Officer will havehas a co-ordinating role in
relation to subject access requests and will processes any cross departmental

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subject access requests and any Finance and Resources requests.  Although
requests relating to only one Service are the responsibility of that Service,
subject to any guidance from the Records ManagerInformation Officer and the
Information Governance Solicitors, the Records ManagerInformation Officer
has oversight of all subject access requests.
3.5.5  The Information Governance Team and the DPO offer ad hoc advice on data
protection issues.  
3.5.6  The Senior SolicitorsAssistant Managing Solicitor (Information Governance)
have a key role in ensuring compliance with the sixth principle relating to data
security by providing advice and guidance to Services on organisational
information security, maintaining the Council’s Information Security log and
leading on information security incident management.
3.5.7. Cyber security and technical information security issues, including compliance
with industry standards, are dealt with by the Council’s Cyber Security Architect
and Cyber Security officerSecurity and Compliance Manager, within the
Enterprise Architecture and Technology Team in ICT Services. Responsibility
for information management, which promotes efficiency when the Council
processes information and extends beyond the processing of Personal Data,
also lies with the Enterprise Architecture and Technology Team within ICT
Services, who promote good information management by the provision of
advice and guidance to Services. 
3.6    Governance Groups and Working Groups
3.6.1  Each Service data protection representative is a member of the Data Protection
Working Group (“DPWG”), which meets quarterly and is chaired by the Records
ManagerInformation Officer.  The members of the DPWG each have the
responsibility for dealing with data protection issues within their department and
disseminating training and good data protection practice throughout their
department.  The remit of the DPWG is for each of these officers to discuss
compliance within their Service, pass on advice and training, and process
subject access requests which relate to records from their Services.

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3.6..2 The DPWG operates as a sub group of the Information Management
Governance Group (“IMGG”), which is jointly chaired by the Enterprise
Architecture and Technology Manager and Managing Solicitor (DPO). The
Records ManagerInformation Officer and Senior Assistant Managing Solicitor
(Information Governance) are also members of the IMGG.   The IMGG consists
of key officers with information management and information governance
expertise.  Although the remit of IMGG extends to wider information
management and information governance issues, the Managing Solicitor
(DPO), as co-chair, on behalf of the SIRO, will have the opportunity to manage
and direct the agenda of IMGG to promote and progress the Council’s
information governance agenda.  The Information Governance Team shall
provide regular updates to the IMGG on the work of the DPWG.
3.6.3  The Information Security Group (“ISG”), which is chaired by the Chief Auditor
and attended by the Managing Solicitor (DPO) and Senior Assistant Managing
Solicitors (Information Governance), also operates as a sub-group of the IMGG.
The remit of the ISG is to support IMGG to ensure that information security is
appropriate, proportionate, measured and embedded into business as usual.
Membership of the ISG includes appropriate representation from ICT and
Internal Audit. 
4.  Documentation of Processing Activities
4.1 Controllers are obliged to document their processing activities under GDPR
(Article 30). There are some similarities between this obligation and the
information previously provided to the ICO for notification under the old DPA
1998. The Council’s Information Asset Register contains the Council’s
documentation of processing activities. This is known as an “Article 30
Register”.
4.2  The Enterprise Architecture and Technology Team within ICT Services
maintain the Council’s Information Asset Register (IAR). This contains details
of the Council’s information assets, how those were obtained, how they are
being used and who they are shared with. Each Service has an Information
Asset Owner (“IAO”), who is the senior officerHead of Service and who who
oversees that Service’s IAR entries. The IAO is assisted by an Information

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Asset Administrator (“IAA”). It is the responsibility of the nominated IAA to
update the IAR and ensure that the entry for his/her Service is accurate at all
times and to provide a written undertaking annually to the Managing Solicitor
(DPO) that this is the case.   
5. Data Subject Rights
5.1  Data subjects have several significant rights, which are as follows:-  
 Right to be informed;
 Right of access; 
 Right to rectification of inaccurate data;
 Right to erasure in certain circumstances;
 Right to object to certain processing, including the right to prevent
processing for direct marketing; 
 Right to prevent automated decision-making;
 Right to data portability and
 Right to claim compensation for damages caused by a breach 
5.2  Further information on those rights is available in the Council’s Data Protection
Guidelines, available on the intranet and advice can be obtained at any time from
the Information Governance Team. The right most frequently used by Council
service users is the right of access, i.e. the right of an individual to access his/her
own Personal Data.   The Council has one calendar month to comply with subject
access requests and must now do so free of charge. Further information on
compliance with all data subject rights, particularly subject access rights, can be
obtained from the Council’s Subject Access Request guidelines, available on the
Council’s intranet, or from the Information Officer Records Manager. 
5.3 The Information Governance Team has responsibility for maintaining the
Council’s subject access request guidelines.

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6. Training and Guidance 
6.1 The Information Governance Team will continue to update detailed guidelines
on the practicalities of dealing with UK GDPR and the DPA 2018 and oversee
the implementation of the Council’s Information Governance/ Data Protection
Learning and Development Strategy.  The purpose of this strategy is to ensure
that the learning and development needs of individual groups in relation to data
protection and wider information governance are adequately addressed. The
strategy identifies the training needs of Elected Members, Directors and Heads
of Service, 3rd and 4th tier managers, employees who have specific
requirements and those who require only a general awareness.    
The existing guidelines, available from the Information Governance Team, or
on the information governance section of the Council’s intranet, familiarise
officers with data protection compliance and the importance of information
security and take account of guidance issued by the Information Commissioner,
who enforces data protection.
7.  Data Retention
7.1 The  fifth  data principle states that Personal Data should not be held for
longer than is necessary. What is necessary can vary, depending on the
nature of the information and why it is held. Each Service has a responsibility
to ensure that appropriate retention schedules are in place for records which
they hold, and to arrange for the secure destruction of data, in accordance
with such schedules.
7.2 The Records Management Officerr, as outlined in the Council’s Records
Management Policy, provides advice on records management and retention
issues. 
7.3 In accordance with its obligations under the Public Records (Scotland) Act
2011, the Council has adopted a Records Management Plan containing
appropriate retention and disposal schedules.  This will ensure compliance
with the fifth data protection principle.

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8.   Information Security
8.1 The sixth data protection principle provides that appropriate technical and
organisational measures should be taken to ensure that all Personal Data is
secure. 
8.2 All employees and Elected Members have responsibility for keeping the
Personal Data to which they have access, in the course of their work, safe and
secure. 
8.3 By adopting recognised information security practices, the Council can
demonstrate, to customers, partners and stakeholders that it can be trusted to
protect the confidentiality, integrity and accessibility of the information it holds.   
8.4 Information Security is not purely a technical issue. Information security
principles apply to all information held by the Council, whether this is held in
electronic or non-electronic format, even extending to conversations between
individuals. 
8.5 Employees and Elected Members who become aware of a potential breach of
information security, such as a loss of data, must immediately report this to the
Assistant Managing Solicitor (Information Governance), in line with the
Information Security Incident Reporting Procedures.
8.6 Further information and advice on information security can be obtained from
the Information Governance Team at any time and from the Council’s
Information Handling Policy and regular ‘Think Twice’ and SIRO bulletins.
9.  Data Processors 
If someone, other than an employee of the Council, is processing Personal Data
on the Council’s behalf, for example, a contractor or a consultant, the Council,
as Controller, is obliged to have a written agreement with the Processor. The
purpose of this is to ensure that the Processor will keep that information as
secure as the Council would. Further information on Data Processor Agreements
can be obtained from the Information Governance Team.

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10. Information Sharing 
Although processing of Personal Data must always be fair and lawful, data
protection should not be perceived as a barrier to effective inter-agency and inter-
departmental information sharing. There are many situations where information
can, and indeed, must be shared, for example, to protect individuals. Detailed
guidance on information sharing is available in the Council’s Data Sharing Code
and advice can be obtained, at any time, from the Information Governance
Solicitors. Consideration should, however, be given to the following:
 What information needs to be shared?
 With whom?
 Why?
 How?
 What are the risks of not sharing the information?
 Could the same aim be achieved without sharing the data or by
anonymising it? 
11.   Data Protection Impact Assessments
11.1 The Council have conducted Privacy Impact Assessments (PIAs) under the old
DPA for some time, as a matter of good practice. PIAs were carried out for any
new initiatives or changes of business practice involving Personal Data.
11.2 The Corporate Management Team (CMT) first instructed in February 2013, that
where policies and decisions have implications for the use of Personal Data
held by the Council then all Services must conduct a PIA as an integral part of
any project planning process rather than an add-on. Its purpose is to:
 Identify any potential and likely impact on privacy; and
 Minimise and manage the identified impact and privacy risks. 
11.3  GDPR replaced voluntary PIAs with mandatory Data Protection Impact

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Assessments (DPIAs). Like PIAs, this is a process which enables the Council
to address the potential privacy risk and impact from the collection, use and
disclosure of Personal Data as a result of new initiatives and to ensure means
are in place to make sure data protection compliance and privacy concerns are
addressed appropriately.
11.2  Advice on and assistance with carrying out DPIAs can be obtained from the
Assistant Manging SolicitorSenior Solicitors (Information Governance). 
12.  Closed Circuit Television (CCTV)
12.1 Fair and Lawful Processing 
The Council is a Controller of Closed Circuit Television (CCTV) and
processes images lawfully, in accordance with the data protection principles
and fairly by ensuring that data subjects have readily available to them the
following information:
 the identity of the data controller;
  the purpose or purposes for which the data are processed; and
 any further information the data subjects should be given in the interests of
fairness. 
12.2  The ICO Code of Practice 
The Council, in its use of CCTV, complies with the updated Code of Practice
on the Use of CCTV and related guidance issued by the Information
Commissioner.  Operational procedures and training on CCTV provide more
detailed information to staff on the deployment and maintenance of CCTV
systems and the management of recorded images and monitoring stations.
12.3 Retention and Storage
Storage of images varies from system to system.  Regardless of how they are
stored, all images will be retained in accordance with established retention
periods. The law does not prescribe any specific minimum or maximum
retention periods which apply to all systems or footage, but simply states that

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it should not be kept for longer than is necessary. After the retention period,
the images are permanently deleted unless required for an ongoing issue
which has been identified (e.g. if a crime has been observed and recorded or
if the images have been retained whilst a SAR is being processed).  In such
cases images will be retained for as long as necessary (e.g. until the
conclusion of any criminal proceedings arising from the incident or the SAR is
completed).
Until deleted, all images are held securely in terms of the Council’s
operational procedures and this Policy.
13. Relationship with Other Legislation 
13.1 Human Rights Act 1998
Public authorities, such as the Council, must comply with the Human Rights Act
1998 (“HRA”) in the performance of their functions. Section 6 HRA obliges
public authorities to act in a manner which is compatible with the rights
contained in the European Convention of Human Rights (“ECHR”).  Article 8
ECHR affords everyone the right to respect for private and family life, including
home and correspondence. Although this right is not absolute, any interference
must be justified on the basis that it is lawful, necessary to pursue a legitimate
aim and proportionate. This means that the interference should not be greater
than is necessary to achieve the legitimate aim. 
HRA is therefore a consideration when considering whether there is a
justification for sharing information. Whilst data protection compliance may
render an interference lawful, the Council must also consider whether
information sharing exercises are necessary in the public interest or whether
the same ends can be achieved by a less intrusive means before an
interference with Article 8 privacy rights can be justified. If there is a less
intrusive alternative, the interference will be disproportionate. 
13.2  Freedom of Information (Scotland) Act 2002

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The interface between data protection and the Freedom of Information
(Scotland) Act 2002 (“FOISA”) is complex. FOISA obliges the Council to be
open and transparent, whereas data protection and HRA protect people’s
information and personal privacy. Although FOISA provides the public with a
right of access to all information held, unless this is covered by one of a number
of fairly narrow exemptions, there is an absolute exemption from disclosure for
information, disclosure of which would breach the data protection principles.
Further information on the personal data exemption under FOISA and how to
deal with freedom of information requests without breaching data protection,
can be obtained from the Freedom of Information Guidance Manual, available
from the Council’s intranet, or the Information  Officer Records Manager and
legal advice can be obtained at any time from the Assistant Managing Solicitor
(Information Governance) Solicitors.
14.  Breach
14.1  Breach of this policy may be regarded as a serious act of misconduct and may
lead to disciplinary action. Employees must therefore make every effort to
ensure that they understand their responsibilities under this policy. 
14.2  It is a criminal offence under the DPA to knowingly or recklessly obtain, access,
disclose or procure Personal Data without the consent of the Data Controller.
The Council reserves the right to report any such offence to the Police, as well
as the Information Commissioner.
15.  Audit
Data protection procedures are subject to routine internal and external audit
and recommendations implemented accordingly.
16.   Review  
This policy will be reviewed on a two-yearly basis, unless earlier review is
required due to legislative changes. However, to ensure ongoing data
protection compliance, any developments, significant cases, guidance from the
ICO, or other lessons learned in this area, will be used to inform best practice.

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Appendix 1 
1.  Introduction
UK GDPR and the DPA 2018 recognise that organisations are likely to collect
information deemed Special Category Data and/ or Criminal Conviction and Offences
data.
2.  Definitions
UK GDPR Special Category data covers information about:
 Racial or ethnic origin.
 Political opinions.
 Religious beliefs or other beliefs of a similar nature.
 Trade Union membership.
 Physical or mental health or condition.
 Sex life and sexual orientation.
 Genetic data and biometric data.
Criminal and Offences Data or Conviction Data covers criminal allegations,
proceedings or convictions and security measures. These are likely to centre on:
specific employment requirements; fraud investigations; safeguarding issues; the vital
interests of the data subject or other individuals. 
3. Legal Basis

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Under UK GDPR and the DPA 2018 the Council has a lawful basis for processing
Special Category and Criminal offence data. The Council is obliged to collect and
process this data and there is a substantial public interest in processing this
information.
4. Procedures for Securing Compliance
The Council is obliged to have a policy for the processing of Special Category Data.
Below are details of how the Council will comply with the Data Protection Principles in
relation to the processing of Special Category and Criminal Offence personal data.
4.1.  Principle 1 – Fair, Lawful and Transparent
Special Category and Conviction Data is processed lawfully, fairly and in a
transparent manner in relation to the data subject.
The Council will:
 Only process Special Category and Conviction Data where a lawful basis can
be applied, and where processing is otherwise lawful.
 Process Special Category and Conviction Data fairly; and will ensure that data
subjects are not misled about the purposes of any processing.
 Ensure transparency in its processing of Special Category and Conviction Data
to enable individuals to understand and obtain their privacy information.
4.2.  Principle 2 - Fit for Purpose
Special Category and Conviction Data is collected for specified, explicit and
legitimate purposes and not further processed in a manner that is incompatible
with those purposes.
The Council will:
 Collect Special Category and Conviction Data only for specified, explicit and
legitimate purposes, and will inform data subjects what those purposes are in
a privacy notice.

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 Not use Special Category and Conviction Data for purposes that are
incompatible with the purposes for which it was collected (if we do use Special
Category and Conviction Data for a new purpose that is compatible, we will
inform the data subject first).
4.3.  Principle 3 – Data Minimisation (Adequate and Relevant)
Special Category and Conviction Data is adequate, relevant and limited to what
is necessary in relation to the purposes for which they are processed.
The Council will:
 Only collect the minimum Special Category and Conviction Data needed for the
purpose for which it is collected. We will ensure that the data we collect is
adequate and relevant.
4.4. Principle 4 – Accuracy
Special Category and Conviction Data is accurate and, where necessary, kept
up to date.
The Council will:
 Ensure that Special Category and Conviction Data is accurate, and kept up to
date, taking care to do this where the use of this type of information has a
significant impact on individuals.
4.5.  Principle 5 - Data Retention
Special Category and Conviction Data will be kept in a form which permits
identification of data subjects for no longer than is necessary for the purposes
for which the personal data are processed.
The Council will:
 Only keep Special Category and Conviction Data in identifiable form. if is
necessary for the purposes for which it is collected, or where we have a legal
obligation to do so. Once this data is no longer needed it will be deleted or
rendered permanently anonymous.

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4.6. Principle 6 - Security
Special Category and Conviction Data is processed in a manner that ensures
appropriate security of the data including: protection against unauthorised or
unlawful processing; against accidental loss, destruction or damage; and by
using appropriate technical or organisational measures.
The Council will:
 Ensure that there are appropriate organisational and technical measures in
place to protect Special Category and Conviction Data. Organisational
protections include a robust information governance framework consisting of
policies, procedures, guidance, training and awareness raising, including an
ongoing ‘Think Twice’ campaign. 
5.  Accountability
The council is responsible for and must be able to demonstrate compliance with
these 6 principles. The Managing Solicitor (DPO) discharges a monitoring role
in relation to the Council’s compliance with these principles.
The Council:
 Ensures that records are kept of all personal data processing activities, via its
Information Asset Register (“Article 30 Register”) and that these are provided
to the Information Commissioner on request.
 Undertakes Data Protection Impact Assessments (DPIAs) for any high risk
personal data processing, and consult the Information Commissioner if
appropriate.
 Has a Data Protection Officer who provides independent advice and monitoring
of personal data handling, and directly reports to the CMT on this.
 Maintains and reviews internal processes to ensure that personal data is only
collected, used or handled in a way that is compliant with data protection law.

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 Ensures Council policies regarding the retention and destruction of personal
data are implemented.
The Council ensures that where special category or convictions personal data is
processed that:
 There is a record of that processing, and that record will set out, where possible,
the envisaged time limits for erasure of the different categories of data.
 Where special category or criminal convictions personal data is no longer
required for the purpose for which it was collected it will be deleted or render it
permanently anonymous.
 Data subjects receive privacy information about how their data will be handled,
and that this will include the period for which the personal data will be stored,
or if that is not possible, the criteria used to determine that period. 
6. Further Information
Further information on data protection can be obtained from the Managing Solicitor
(DPO), the Information Governance Team or the Information Governance page of the
Council’s intranet.