Information sharing guidance for Scotland

Since 25th May 2018, all agencies in the UK have needed to demonstrate that they are compliant with the General Data Protection Regulations (GDPR) and accompanying Data Protection Act 2018 (DPA). They must have appropriate policies to manage data and information sharing within agencies.

The Marac process enables the sharing of information to safeguard adult and child victims at high risk of harm. It is vital that everyone working with children and families, including those who work with parents or carers, understands the role they should play and that of other practitioners. They should be aware of, and comply with, the published arrangements set out by the local child and adult protection plans.

We recommend that all practitioners have a good working knowledge of data protection and that employers help develop this knowledge among their staff. You should also have an understanding of child and adult protection legislation, as outlined within this guidance, and the Information Sharing Toolkit Scotland. The National Guidance on Child Protection in Scotland (2014) highlights the need to share information about child protection concerns at an early stage.

Please note that we can’t provide legal advice on information sharing and GDPR, but we understand that legislation around the subject can appear complex and daunting. This briefing therefore aims to guide practitioners with relevant information on the subject.

This 11-page briefing includes:

• Seven Principles of Data Collection
• Lawful basis and legal grounds for sharing information
• What is the lawful basis for sharing information in multi-agency working?
• Consent
• Legal obligation
• Grounds in UK and Scottish legislation which require or enable the sharing of information
• Legitimate interest
• Relying on legitimate interest for data sharing can be broken down into a three-part test
• Public Task
• Vital Interest
• When is information sharing necessary?
• Purpose
• Special category and criminal conviction information
• Children
• Accuracy
• Health
• Caldicott Guardian Principles
• Subject Access Requests (SAR)
• Balancing principles: rights of the individual
• Data (Information) Sharing Log.

It also contains links to external websites with useful information, toolkits, and additional guidance.