Celia Gray, Chief Social Work Officer for Clackmannanshire has asked that we share the following:

Dear CSWO,

Sent on behalf of Judith Ainsley, Head of Child Protection, Scottish Government

In terms of information sharing under GDPR, we sought confirmation about the potential effect on information sharing for child protection concerns from Maureen Falconer, Scotland Regional Manager for the Information Commissioner’s Office. She confirmed the following position;

“For the purposes of processing information in relation to child protection matters, GDPR will have no impact on practitioners’ ability to share proportionate and relevant information to appropriate authorities in exactly the same circumstances as they now do. Currently, child protection matters are considered to be up at the significant harm bar and that equates to processing being necessary to protect the vital interests of the child and the reliance on consent may be prejudicial to that purpose. The same lawful purpose is provided for in the GDPR for both personal and sensitive personal information so nothing will change in that regard.

Indeed, the Data Protection Bill that is currently going through the UK parliamentary process has been amended to include a lawful purpose specifically in relation to safeguarding of a child or vulnerable person and which, if it remains in the final iteration, will provide another mechanism of reliance in addition to vital interests. The Bill is due to receive Royal Assent shortly”.