“Everyone has the right to respect for his private and family life, his home and his correspondence.” (Article 8(1) of the European Convention on Human Rights).
1.1. The two passages quoted above serve to highlight the conflicting demands which can be placed on the information held by public sector bodies such as Glasgow Life. Freedom of information requires us to be open and transparent with our stakeholders, whereas human rights and data protection considerations mean that not all information can properly be released, and Glasgow Life is obliged both legally and morally to hold information securely and in confidence to ensure that only those with a legitimate need to see that information are able to do so. This document sets out the high level Policy describing how Glasgow Life will approach the collection, use, disclosure and disposal of information.
1.2. This Policy is primarily concerned with personal data, i.e. information relating to identifiable living individuals, and its main focus is to explain to external stakeholders what Glasgow Life will do with that information. Glasgow Life also has a governance framework, which supplements this Policy. Glasgow Life’s governance framework is primarily concerned with how Glasgow Life manages information internally.
1.3. In terms of explaining what Glasgow Life does with information, this Policy should be read alongside the Privacy Statement published by Glasgow Life.
2. Strategic position on information:
2.1. Information is a corporate asset. Glasgow Life accordingly adopts the following points of principle in relation to the information which it acquires or creates:
2.1.1. Glasgow Life recognises that it holds information as custodian for the people of Glasgow.
2.1.2. Glasgow Life recognises the importance of the information it holds, in terms of its impact on and relevance to the people of Glasgow, its intrinsic value in assisting Glasgow Life perform its public functions, and its potential value to future generations as a historical and archival resource.
2.1.3. If information relates to the private or family life of an individual, Glasgow Life will as a general principle seek to keep that information confidential and will resist releasing it where possible. This Policy sets out the circumstances under which Glasgow Life may or will release information of this type, who it may release it to and why.
2.1.4. If information does not relate to the private lives of individuals, then Glasgow Life will as a general principle consider that the information be treated as public.
2.1.5. Information held by Glasgow Life will be treated in accordance with the rules set out in this Policy. This Policy is accordingly Glasgow Life’s explanation of the way in which it handles personal information.
3. What we use personal information for
3.1. Glasgow Life uses the information which it holds for the primary purpose of providing relevant local authority services to service users. For most (but not all) services, this is on the basis of the service user agreeing to provide information to Glasgow Life in order to allow Glasgow Life to provide those services. Some regulatory or protective functions require to be carried out without the CONSENT of those affected. See our Privacy Statement for details.
3.2. Glasgow Life will also use the information it holds for the prevention and detection of crime where this is relevant. We will not ask for CONSENT for this, or for any other area where Glasgow Life would be proceeding whether CONSENT was given or not, but will alert people to the fact that we will be proceeding without their CONSENT. (This would not apply to some regulatory activity such as directed surveillance)
3.3. Glasgow Life may wish to offer someone additional services, we may wish to (or be legally obliged to) share information with other public bodies, either to improve service delivery to the individual or for purposes such as crime prevention. We may need to use information for research purposes with a view to improving how services are delivered in future or in order to assess future levels of demand. Where Glasgow Life wishes to make such secondary uses of the personal data it is provided with, this will be made clear to the individuals through Glasgow Life’s privacy statement as published annually.
3.4. All secondary uses of personal information must comply with the principles set out in this Policy.
4. Principles for secondary uses and disclosure of personal data
4.1. Decisions on whether or not Glasgow Life will seek to make a secondary use of personal information or will release personal information to an external agency will be informed by the following priorities:
4.1.1. Is it lawful for Glasgow Life to do so?
4.1.2. Is the release of identifiable information necessary to achieve a legitimate public objective? (If the objective can be achieved without releasing personal information, the alternative method should be pursued instead)
4.1.3. Is this objective one which Glasgow Life should, as a matter of policy, be pursuing or assisting another body in pursuing?
4.1.4. Would the individuals affected have a reasonable expectation that their details would not be used in the way proposed? (Such reasonable expectations would require a very significant public benefit to justify the information release. This relates to what individuals were advised might happen to their details, including what this Policy says might happen to them)
4.1.5. Is the release of the information proportionate to the benefits to be achieved? This means that there should be a relationship between how privacy-intrusive the measure is and how significant the benefit to be achieved is. Privacy intrusiveness is dependant on a number of factors such as: how many people are affected; how much information about them is released; the nature of the information in question; how widely the information will be shared; how long it will be shared for; and the degree to which affected individuals may or may not be able to opt out of the process. If the benefits can be achieved with less privacy intrusion, or if major privacy intrusion will produce only minor benefits, then what is proposed will be a disproportionate interference with privacy and will be resisted.
4.2. In reaching a decision on any proposed secondary use or external disclosure, Glasgow Life Senior Officers will, when relevant, make full use of privacy impact assessments, and will follow best practice as published by the (UK) Information Commissioner in relation to these privacy impact assessments (including best practice as to when such an assessment is required and the level of detail required in this assessment). Secondary uses or external disclosures will only proceed where the outcome of any privacy impact assessment is favourable.
Re-use of Public Sector Information Regulations
The Re-use of Public Sector Information Regulations 2015 ("the 2015 Regulations") apply to public sector organisations in the UK. The 2015 Regulations govern the re-use of information that has been obtained from a public body such as Glasgow Life. The 2015 Regulations will apply if an applicant has been provided with information by Glasgow Life and wants to re-use that information for a purpose other than that for which it was originally produced.
Information can be obtained from Glasgow Life, for example, through an information request under the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004. An applicant who obtains information in this way from Glasgow Life does not have an automatic right to re-use that information. The purpose of the 2015 Regulations is to allow an applicant to apply to re-use public sector information, based on the principles of fairness, transparency, non-discrimination and consistency of application.
Information Asset List Register
The 2015 Regulations also require public bodies to hold and make available an Information Asset List Register (“the Register”) which shows information that the organisation makes available for re-use.
An applicant can apply for re-use of the information contained within the Register.
In addition, requests can also be made to re-use Glasgow Life information that is already available in the public domain (i.e. it is on our websites or otherwise publically available).
An applicant can also apply to Glasgow Life to re-use information that is not contained within the Register or available on our website and Glasgow Life will consider the application.