Element 14 - Shared Information

For evidence please refer to the appendices below.

Element 14. Shared Information 

The Council has a number of data sharing protocols in place, under the pan Grampian data sharing agreement, with other public bodies including the NHS, police and other local authorities.  These cover data sharing in areas such as child protection and anti social behaviour. The protocols are drafted and maintained by Legal Services.

The Licensing Board has a statutory mandate to consult certain parties in respect of certain applications where they contain personal data from applicants e.g. name, address, date and place of birth, national insurance number, convictions.  Depending upon the type of application, the Board is obliged to send copies of the application to certain nominated partner agencies e.g. police, NHS, Fire & Rescue or other council departments and in certain cases the application has to be publicly advertised (which could be website advert and letters sent to neighbouring properties). This gives an opportunity for anyone to comment on the application. Two versions of each application are, therefore, generated – a consultee version and a public version.

• Consultees receive a full copy of the application as e.g. the Police require personal information as they will contact and interview applicants. This is generally shared electronically and the council uses gsx to email such information.
• Public versions have certain personal information e.g. signature removed using Adobe Pro Redacting software. These versions are posted on the Board’s website. A shortened version of the public advert may also be uploaded to the tellmescotland website. Letters addressed to occupiers of neighbouring properties refer them to the website to view the application.

Application forms contain a data processing notice. They are largely statutory forms prescribed by the Scottish Government under the Licensing (Scotland) Act 2005 or produced by the Westminster Government (DCMS) for the purpose of the EU Services Directive. Licensing add an additional and wider data processing notice in guidance as the statutory forms cannot be changed.

A Data sharing code of practice is available for staff on the Council intranet.

The Council has an approved publication scheme under the requirements of the Freedom of Information (Scotland) Act.

It is important that the ‘ownership’ of shared information is clearly established, especially where third party partners or contractors are involved and that the Moray Council records

Appendix 44 - Moray Council Data Sharing Code of Practice (PDF)
Appendix 45 - Grampian Data Sharing Partnership – guidance for practitioners on sharing information