1. Getting it right for every child and information sharing
Health and Social Care Alliance Scotland GIRFEC and Information Sharing
Getting it right for every child and information sharing
Ronnie Hill The Health & Social Care Alliance Scotland

2. GIRFEC & Information Sharing
Named Person Service
What is this?
What is it for?
How is it to be organised?

3. GIRFEC & Information Sharing
Supreme Court Ruling
Policy intention legitimate and benign
Aim of making a Named Person available remains
Changes are required on information sharing provisions

4. GIRFEC & Information Sharing
Scottish Government Response
DFM statement to Scottish Parliament Sept 2016
Period of intensive engagement
Information sharing Bill and illustrative draft Code of Practice June 2017
Getting it right for every child policy update July 2017

5. GIRFEC & Information Sharing
Information Sharing Bill
Duty to consider whether sharing information could promote, support or safeguard children’s wellbeing.
Duty to consider whether sharing would be compatible with existing law (Data Protection, Human Rights and Confidentiality).
If the above conditions are met, information can be shared.

6. GIRFEC & Information Sharing
Illustrative Draft code of Practice
To be followed when sharing information in relation to Parts 4 and 5 of the Act
To ensure consistency, clarity and coherence in practice .
Safeguards cover: obtaining and considering whether to share information.
Key considerations include: seeking consent, position where there is no consent, informing before and after sharing information.
Relevant law: Data Protection, Human Rights and law on Confidentiality.
From May 2018 the Code will need to take account of the new General Data Protection Regulations.

7. GIRFEC & Information Sharing
What would this mean for children, young people and families?
Information sharing will be compatible with data protection law, human rights and the law of confidentiality and will respect the rights of families fully.
Only in exceptional circumstances, such as where the risk of harm is present, would there be departure from the core principles of consent, engagement and empowerment of families as the best way forward when considering sharing information.

8. GIRFEC & Information Sharing
Parliamentary Process
Stage One: Education and Skills Committee begins 6 Sept, looks at detail, holds evidence sessions, engages other committees, report and debate in Parliament.
Stage Two: estimate Jan 18, opportunity for amendments to be lodged.
Stage Three: final amendments, vote in Parliament and then Royal Assent around March 2018.
Public Consultation on the draft Code of Practice, and statutory guidance following Royal Assent on the Bill.
Ambition is to commence during 2018

9. GIRFEC & Information Sharing
What does this mean for children’s services now?
Policy update July 2017, key points
The Scottish Government is fully committed to:
The Getting it right for every child approach
Working in partnership with children, young people and parents
Focusing on improving wellbeing through providing early support and prevention
Partners continuing to deliver or engage with Named Person services within existing legal frameworks
Streamlining planning for children with complex wellbeing needs
Working with children’s service providers to continue to strengthen this approach.

10. GIRFEC & Information Sharing
ICO Data Protection Principles
Fair & Lawful
Purpose
Advocacy
Accuracy

11. GIRFEC & Information Sharing
ICO Data Protection Principles (continued)
5. Retention
6. Rights
7. Security
8. International

12. GIRFEC & Information Sharing
Group Discussion
What are the key features of these principles?

13. GIRFEC & Information Sharing
Conditions for Processing Information
Personal Data – Schedule 2 Definition
Sensitive Personal Data – Schedule 3
Definitions

14. GIRFEC & Information Sharing
Schedule 2 and conditions includes one of the following:
Consent
Processing is necessary for contract
Vital interests
Legal obligation applying to data holders
Necessary for administering justice

15. GIRFEC & Information Sharing
Schedule 3 conditions Includes 1 of the following:
Explicit consent
Needed to comply with employment law
Vital interests
Necessary in relation to legal proceedings
Necessary for administering justice
N.B. – There is a difference between what is meant by consent in relation to personal and sensitive personal data

16. GIRFEC & Information Sharing
Is the sharing justified? Key points to consider:
Do you think you should share the information?
Have you assessed the potential benefits and risks to individuals and/or society of sharing or not sharing?
Do you have concerns that an individual is at risk of serious harm?
Do you need to consider an exemption in the DPA to share?
* Information from ICO -

17. GIRFEC & Information Sharing
Do you have the power to share?
Key points to consider:
The type of organisation you work for
Any relevant functions or powers of your organisation
The nature of the information you have been asked to share (for example was it given in confidence?)
Any legal obligation to share information (for example a statutory requirement or a court order).

18. GIRFEC & Information Sharing
If you decide to share Key points to consider:
What information do you need to share?
- only share what is necessary
- distinguish fact from opinion
How should the information be shared?
- information must be shared securely
- ensure you are giving information to the right person
Consider whether it is appropriate/safe to inform the individual that you have shared their information.
* Information from ICO -

19. GIRFEC & Information Sharing
Record your decision Record your data sharing decision and your reasoning – whether or not you shared the information
If you share the information you should record:
What information was shared and for what purpose
Who it was shared with
When it was shared
Your justification for sharing
Whether the information was shared with or without consent
* Information from ICO -

20. Thank You & Questions “Nothing about me, without me!” More info:
The ALLIANCE website:
ICO (Scotland) website: