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FOISA Response No. 830 – data sharing agreement between PIRC and COPFS

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 COPFS 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 COPFS 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. The information sharing agreement between the PIRC and the Crown Office and Procurator Fiscal Service (COPFS) has been incorporated into the Memorandum of Understanding (MoU). This MoU is available on our website at https://pirc.scot/media/5483/copfs-pirc-mou-final-october-2021.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 21 October 2021.
  3. There have been no APD or DPIAs carried out for this agreement.
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