Date lodged: 2 August 2016
To ask the Scottish Government whether ministers took advice on the potential for their plans to break data protection laws and, if so, whether it will be made public.
Answered by: Mark McDonald 22 August 2016
The information sharing provisions in the Children and Young People (Scotland) Act 2014 do not break the Data Protection Act 1998. The Supreme Court judgment released on the 28 July 2016, ruled that the information-sharing provisions of the 2014 Act are incompatible with Article 8 of the European Convention on Human Rights and that changes are needed to make those provisions compatible with Article 8. It is standard practice for the Scottish Government not to state whether legal advice has been sought or received or to reveal the content of that advice.