Scottish public authorities sharing data: consultation
Feedback updated 31 Mar 2022
We asked
For views on a 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. We also asked whether there were any other Scottish Bodies that should be considered.
You said
We received responses from 18 organisations and 7 individuals. The majority were supportive of the proposals. Some asked to be included in them. Three individuals said that the Scottish Bodies listed should not be added to the Schedules.
We did
We published a further consultation https://consult.gov.scot/digital-directorate/public-authorities-sharing-data-2 on certain additional Scottish Bodies being considered for inclusion in the Schedules.
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:
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
The Scottish Ministers are considering adding to Schedule 7 (debt powers) and Schedule 8 (fraud powers), the Scottish Bodies listed in the consultation and illustrative draft legislation. Listing the Scottish Bodies does not amount to an undertaking that the Scottish Ministers will add them to the Schedules.
We would like to know your views on the Scottish Bodies the Scottish Government is considering. We would also like to know if there are any other Scottish public authorities that, in your view, should be considered for inclusion in the Schedules.
Please note that the consultation closing date has been extended to 15 June.
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
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