Data Protection

Information governance is a key component of Bairns Hoose. The protection of the personal data of the children the Bairns Hoose supports needs to be of paramount importance for all partners or parties involved. Timely, proportionate and necessary information sharing is vital to efficient and productive partnership working that transforms the way children experience the justice system.

Information Sharing Agreement

Before any data is shared between partners, a robust and clear data sharing agreement needs to be in place. In the Children First North Strathclyde Bairns Hoose this has involved working with the interviewing parties (local authorities and police) to develop a data sharing agreement that allows public bodies to share information with Children First as both the house owner and the organisation that provides recovery support. Clarity around proportionate and lawful information sharing is paramount to ensuring the safety of the children who come to house. The consultation process between parties to establish a date sharing agreement can take time. This should not be underestimated. Each individual party that is involved in the data sharing agreement will have their own responsibilities as part of their Bairns Hoose work but will also have separate responsibilities and considerations as individual organisations.

Agreement will need to be sought about:

  • The data protection relationship between parties - whether each party is an independent data controller or whether one party is the controller and the others are data processors. Based on our experience in the Children First North Strathclyde Bairns Hoose we would strongly recommend that each party is an independent data controller.
  • The lawful basis for sharing personal and special category data under the data sharing agreement -  what personal data needs to be shared as part of the work of a Bairns Hoose.
  • Information security, retention and storage of information - in an ideal world, the local authority social work department, police, court, COPFS and Children First would have a joint data sharing agreement that is specific to how the Bairns Hoose operates. This is something that we continue to pursue.

Image of the court room at Bairns Hoose

Data Protection Impact Assessment

A Data Protection Impact Assessment (DPIA) allows organisations to assess, identify and minimise data protection risks and is an important part of the planning process for a project like Bairns Hoose. The DPIA should allows any major risks to be identified in a timely manner before any data is shared or processed by individual parties.

Transparency and provision of privacy notice

The development of a privacy notice that is bespoke to the way a Bairns Hoose operates needs to be completed with consideration of the child’s journey from the moment their information is gathered until their information is disposed of.

The role of information governance in an operational Bairns Hoose is crucial and good data protection practice is vital Ensuring that everyone is aware of their data protection responsibilities when in the physical house and when working alongside children and families must be a top priority.