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OFFICIAL OFFICIAL Our Ref: IM-FOI-2021-0710 Date: 28Th April 2021 FREEDOM of INFORMATION (SCOTLAND) ACT 2002 I Refer to Your R

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OFFICIAL OFFICIAL Our Ref: IM-FOI-2021-0710 Date: 28Th April 2021 FREEDOM of INFORMATION (SCOTLAND) ACT 2002 I Refer to Your R OFFICIAL Our Ref: IM-FOI-2021-0710 Date: 28th April 2021 FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act 2002. For ease of reference, your request is replicated below together with the response. Please find attached a legal decision notice from the Scottish Information Commissioners office which was issued today in their favour. The information obtained by OSIC has raised some very important information. 14. The Ministers explained that it was policy that a data sharing agreement must be completed by any official sharing personal data with organisations outside of the Scottish Government. This applies when the sharing is systematic and regular, involving multiple data subjects. These data sharing agreements are held at divisional level and authorised by the information asset owner. 17. The Ministers explained that, as Police Scotland was the data controller for IVPD, Police Scotland would be likely to hold any data sharing agreements with organisations specifically in relation to personal data sharing for the purposes of the IVPD. 18. It was the Ministers’ view that the Applicant’s request, in its current form, would capture any memorandum of agreement to share personal data or data sharing agreement the Ministers have with an organisation working with vulnerable individuals which could have input into Police Scotland’s IVPD since the date it was established in 2013. It would also capture any exceptional data sharing, when data is shared on a one-off basis for any of a range of purposes. The Ministers did not have a list of organisations which work with Police Scotland in this regard and would therefore need to consider any organisation which shares personal data with the Scottish Government who are known to work with vulnerable individuals and examine the specific agreements in place to check the relevance to the Applicant’s request. 19. The Ministers explained that there are 116 data sharing agreements logged on their information asset register, and these would need to be reviewed individually to identify any information potentially falling within the scope of the request. In addition, a global search of the Ministers’ electronic management system would be required to identify the information held across the organisation, for all data sharing agreements and Memorandums of Understanding (MoUs) in place, in so far as they cover the sharing of personal data. Even with this extensive search, the returns would be limited to data sharing which is systemic and regular and would be unlikely to identify any exceptional data sharing when data is shared on a one-off basis for any of a range of purposes. scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL OFFICIAL 21. Searches would be required across many directorates of the core Scottish Government, including Justice, Health and Social Care, Local Government and Communities as well as executive agencies such as Scottish Prison Service, Social Security Scotland and Disclosure Scotland because these areas could hold personal information on vulnerable individuals and may have entered into data sharing agreements with partner organisations. This is now not a issue you can simply ignore this is a legal document, and per advise I have advised that COVID restrictions should not interfere with the statutory timescales of responding to any requests. […] Per the Freedom of Information (Scotland) Act 2002, please provide me with information contained in your records as follows: The 116 data sharing agreements logged on your information asset register. The Data Controller for information management is the Chief Constable Iain Livingston, and I believe that the former ACC Gillian MacDonald, and as has been confirmed by FOI ACC Judi Heaton is the ACC Major Crime & Public Protection is the Information Asset Owner for Interim/Vulnerable Persons Database. Which you will find here: Who "owns" the iVPD? - a Freedom of Information request to Police Scotland - WhatDoTheyKnow The Ministers stated that the data sharing agreements are held at divisional level and authorised by the information asset owner, however it would be incongruous to claim the asset owner ACC Judi Heaton would not have a full asset register to her disposal therefore a cost exemption for locating and retrieving this information will not apply. In the case of professional standards of employee’s who write the official letters of FOI disclosure, any obnoxious responses towards myself will be considered as vexatious on the part of the Police Service of Scotland. You appear to have misunderstood the OSIC decision referred to - OSIC reference 038- 2021. The decision relates to the Scottish Ministers - not Police Scotland - and the 116 data sharing agreements referred to are their agreements - not ours. On that basis, with a strict interpretation of your request, section 17 of the Act applies - the information requested, namely details of the 116 Scottish Ministers data sharing agreements is not held by Police Scotland. To be of assistance, a list of the 66 Police Scotland Information Sharing Agreements (ISAs) currently in place is provided at Appendix A to this response. scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL OFFICIAL Should you require any further assistance please contact Information Management - Dundee quoting the reference number given. Please note that you have already requested a review of the handling of this request on the basis that the statutory deadline was not met. You cannot request a second review. A response to your review request will be provided shortly. If you remain dissatisfied following the outcome of that review, you are thereafter entitled to apply to the Office of the Scottish Information Commissioner within six months for a decision. You can apply online, by email to [email protected] or by post to Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS. Should you wish to appeal against the Office of the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. As part of our commitment to demonstrate openness and transparency in respect of the information we hold, an anonymised version of this response will be posted to the Police Scotland Freedom of Information Disclosure Log in seven days' time. scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL OFFICIAL Appendix A - List of Police Scotland ISAs URN Title Partner Organisation ISA21024 Financial Harm Data Sharing Form Fife Council ISA21008 Agency and Partnership Management Information System (APMIS) National Crime Agency (NCA) ISA20046 Special Constables Research University of Nottingham IPSCJ Social Security Scotland ISA20041 Social Security Scotland (MAPPA) Scottish Prison Service ISA20038 Umbrella MoU between Home Office, NPCC and Police Scotland Home Office Maximising the effectiveness of Police Scotland investigations when ISA20027 Queen Margaret University people with dementia go missing ISA20025 Covid 19 - Travel Regs (Quarantine) - Public Health Scotland Public Health Scotland ISA20016 Evaluation of Alcohol Minimum Unit Pricing Manchester Met University ISA20012 APEX Scotland (Custody) APEX Scotland ISA20007 SACRO (Custody) - Fife Navigator SACRO Side Step - Serious Organised Crime Early Intervention Service Action for Children ISA20001 (SOCEIS) City of Edinburgh Council ISA19158 Addictions Support & Counselling (ASC) Addictions Support & Counselling ISA19151 ASAP (Armed Services Advice Project; part of Citizens Advice Bureau) ASAP (Armed Services Advice Project) ISA19150 Families Outside Families Outside ISA19148 CGL (Change Grow Live) CGL (Change Grow Live) ISA19147 We Are With You (Custody) (formerly Addaction) Addaction ISA19135 Cove Rangers Football Club Cove Rangers Football Club ISA19134 Elgin City Football Club Elgin City Football Club ISA19130 Army HQ 51 Infantry Bridgade Army HQ 51 Infantry Bridgade ISA19127 Landlord Registration [LOCAL AUTHORITY] ISA19124 Scottish Association of Mental Health (SAMH) Scottish Association of Mental Health ISA19110 St Mirren Football Club St Mirren Football Club ISA19106 ReConnect - referring females in the Scottish Borders Scottish Borders Council/ReConnect scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL OFFICIAL URN Title Partner Organisation ISA19104 Edinburgh Study of Youth Transitions and Crime (ESYTC) Edinburgh University: ESYTC ISA19102 Prevention of SOC in Public Procurement Scottish Prison Service ISA19101 WIM ANPR - Transport Scotland Transport Scotland ISA19099 Mental health Pathway NHS 24 ISA19043 Stirling Albion FC Stirling Albion Football Club ISA19042 Stenhousemuir FC Stenhousemuir FC ISA19038 Falkirk FC Falkirk Football Club ISA19032 Alloa Athletic FC - ISP Alloa Athletic FC ISA19031 Aberdeen Distress Brief Interventions - DBI Penumbra ISA19020 Livingston Football Club Livingston Football Club ISA19011 Motherwell Football Club Motherwell Football Club ISA19010 Hamilton Academical Football Club Hamilton Academincal Football Club ISA19007 Scottish Fire and Rescue Service - Public Safety and Wellbeing Scottish Fire and Rescue Service ISA19006 Scottish Professional Football League Scottish Professional Football League ISA19003 SCCRC and Op Sandwood SCCRC ISA18122 Peterhead Football Club Peterhead Football Club ISA18121 Aberdeen Football Club Aberdeen Football Club North Lanarkshire Council Criminal Justice
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