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FOISA Response No. 825 – data sharing agreement between PIRC and Police Scotland

27 Jan 2023

Where relevant, we publish our responses to Freedom of Information requests under the Freedom of Information (Scotland) Act 2002 (FOISA).

This response addressed the following query:

"Per the Freedom of Information Scotland act 2002, Please provide the following information contained in your records:

  1. The information Sharing Agreement between The Police Service of Scotland (Police Scotland) and The PIRC.
  2. What is the recorded date (or dates) when the Data Processor (or Controller) The PIRC entered into an Information Sharing Agreement (ISA), also known by the ICO as a Data Sharing Agreement, with Police Scotland (Police Service of Scotland) relating to the sharing of personal information on Data Subjects where data/information would be defined as "sensitive" information e.g. allegations of pending criminal investigations and submissions to COPFS and medical information or alleged medical information?
  3. Please also provide any APD or DPIA that is required?"

The PIRC has considered this as a request under the Freedom of Information (Scotland) Act 2002 (“FOISA”). An application for information held by public authorities under section 1 of FOISA requires that a public authority release all information held, subject to any applicable exemptions.

  1. he information sharing agreement between the PIRC and the Police Service of Scotland (PSoS) has been incorporated into the Memorandum of Understanding (MoU) between the PIRC, PSoS and the Scottish Police Authority. This MoU is available on our website at https://pirc.scot/media/5374/mou-pirc-ps-spa.pdf. If you have any difficulty in accessing this document please let me know and I can send a copy to you. 
  2. The date of the current MoU is 31 July 2020. Previous versions of this agreement date back to 2013 when PIRC was established.
  3. There have been no APD or DPIAs carried out for this agreement.
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