Scottish public authorities sharing data: further consultation
Feedback updated 31 Mar 2022
We asked
For views on a further list of Scottish Bodies that the Scottish Government is considering adding to Schedule 7 (debt powers) and Schedule 8 (fraud powers) of the Digital Economy Act 2017.
You said
We received responses from 8 organisations and 4 individuals. The majority were supportive of the proposals. One individual said that the Scottish Bodies listed should not be added to the Schedules.
The details of the earlier consultation on an initial list of Scottish Bodies can be found at: https://consult.gov.scot/digital-directorate/public-authorities-sharing-data/
We did
The responses to both consultations have informed the Digital Government (Scottish Bodies) Regulations 2022 which came into force on 16 March 2022. They can be viewed here:
www.legislation.gov.uk/ssi/2022/91/contents/made
Published responses
View submitted responses where consent has been given to publish the response.
Overview
The UK Digital Economy Act 2017 (“The Act”), Part 5 introduces new information sharing powers to reduce debt owed to, or fraud against, the public sector.
To be able to use the information sharing powers, public authorities (and bodies which provide services to public authorities in Scotland) must be listed in Schedule 7 of the Act for the debt powers or Schedule 8 for the fraud powers. A listed public authority can only share data under these powers with other persons who are also listed in the relevant Schedule.
The Scottish Government intends to add Scottish public authorities with devolved functions (“Scottish Bodies”) to the Schedules. Devolved functions are those which relate to matters which are devolved to the Scottish Parliament. The UK and Welsh Governments have already added UK, English and Welsh bodies to the Schedules.
Why your views matter
On 21 January 2020, we published a consultation seeking views on a list of Scottish Bodies that the Scottish Government was considering adding to Schedule 7 (debt powers) and Schedule 8 (fraud powers) of the Act. We also asked, at that time, if there were any further Scottish Bodies that should be considered for inclusion in the Schedules.
The consultation ran until 15 June 2020 and a range of views were received. Included in those views were requests to confer information sharing powers on certain additional Scottish Bodies that were not mentioned in the initial consultation.
In response to those views, the Scottish Government is now considering including those additional Scottish Bodies in the Schedules. Details of these additional Scottish Bodies are in Annex A of this consultation. We would invite your views on the conferral of the information sharing powers on these additional bodies.
This consultation is limited to consideration of these additional Scottish Bodies only. Views are not sought at this stage on the bodies that were covered by the initial consultation, nor about any other Scottish Bodies that are not mentioned in this consultation.
The addition of any Scottish Body to the Schedules of the Act remains subject to ongoing consideration. Inclusion of any Scottish Bodies in this consultation does not amount to an undertaking that they will be added to relevant Schedules.
What happens next
Following this consultation and analysis of responses, we will finalise the list of Scottish Bodies for inclusion in the draft Regulations to be laid before the Scottish Parliament. To be added to the Schedules a body must satisfy the conditions in Chapters 3 and 4 of Part 5 of the Act. If approved, the Regulations will add the named Scottish Bodies to Schedules 7 and 8, enabling them to progress making use of the debt and fraud powers set out in Part 5 of the Act.
Interests
- Digital
- Public Sector
Share
Share on Twitter Share on Facebook