As part of the consultation process, we are seeking the views of organizations and individuals on the proposed public service delivery objective to enable data sharing to improve the use of learning and childcare of Young Children (ELC) in Scotland.

1. Fund

The Central, Digital and Data Office within the Cabinet Office has policy responsibility for data sharing undertaken under the Digital Economy Act 2017 and the introduction of targets to improve the delivery of public services defined in Part 5, Chapter 1 of the Digital Economy Act 2017.

The power to provide public services makes it possible to set new objectives in the regulations. A proposed target must meet three conditions in order to use the Digital Economy Act 2017 to facilitate their data sharing. The three conditions are:

(9) The purpose of the first condition is –

1. improving or targeting a public service provided to individuals or households, or
2. facilitating the provision of a benefit (financial or otherwise) to individuals or households

(10) The second condition is that the objective is to improve the well-being of individuals and households

(12) The third condition is that the purpose is to support:

1. the exercise of the functions of a specific person, or
2. the administration, supervision or performance of the duties of a specific person

Further information can be found in the consultation publication. We would like to consult widely on the objective proposal and encourage you to respond to our key consultation questions. However, it is not mandatory to use the questions below, we welcome any answers and opinions you may provide.

Only a small number of Cabinet Office (CO) and Scottish Government analysts and members of the Data Sharing Legislation team will have access to the individual data collected in the survey. The collective responses will be analyzed and we will publish a government response. Your responses may be published in a summary of the consultation, but only with your consent.

Finally, we would like to thank you in advance for your support of this important work. Please be as open and candid as you wish. We need your help to make it right.

2. The Early Learning and Care objective in relation to the three conditions of the Digital Economy Act 2017

introduction

Are you responding on behalf of an organization or as an individual?

If you are answering on behalf of an organization, please specify which one.

issue 1

To what extent do you agree that the proposed new objective satisfies the first condition set out in Article 35 (9) of the Digital Economy Act 2017?

The first condition set out in Article 35 (9) aims to:

• Improving or targeting a public service provided to individuals or households, or
• Facilitating the provision of a benefit (financial or otherwise) to individuals or households

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your response.

issue 2

To what extent do you agree that the proposed new objective satisfies the second condition set out in Article 35 (10) of the Digital Economy Act 2017?

The second condition set out in Article 35 (10) is that the objective has as its object the improvement of the well-being of individuals or households.

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your response.

issue 3

To what extent do you agree that the proposed new objective satisfies the third condition set out in Article 35 (12) of the Digital Economy Act 2017?

The third condition set out in Article 35 (12) is that the purpose is to support:

• The exercise of the functions of a specific person, or
• The administration, supervision or execution of the functions of a specific person

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your response.

3. Early learning and care objective under the provisions of the Digital Economy Act 2017

question 4

To what extent do you agree that the data to be shared as described in this proposed goal is compatible with achieving the goal?

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your response.

issue 5

To what extent do you consider the proposed new objective supports the provision of the described benefits to the specified individuals and/or households?

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your response.

4. Perspectives on equality issues

issue 6

To what extent do you consider that the achievement of the proposed new objective will result in a loss of benefits for an individual and/or a household?

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your answer

issue 7

To what extent do you consider that achieving the proposed new target will result in a loss of access to services for any individual and/or household?

Please choose one of the following options:

• Totally agree
• Accept
• Neither agree nor disagree
• To disagree
• not agree at all

Please provide the reason for your response.

issue 8

Do you think the objective proposal raises equality issues?

If yes, please provide reasons for your response.

Question 9

Do you have any other comments on the relevance of this proposed objective?

5. Data protection

issue 10

Please indicate if you would like the relevant points and comments you made to be published in the consultation summary report:

• I am happy that my answers are published with my name and my organization
• I am happy that my answers are published alongside my organization
• I am happy that my answers are published anonymously
• I don’t want any of my answers to be published

6. Privacy notice for public consultation for the Scottish Learning and Childcare Goal

This notice sets out how we will use your personal data and your rights. It is carried out under Articles 13 and/or 14 of the UK General Data Protection Regulation (UK GDPR).

6.1 Your data

The purpose(s) for which we process your personal data is to carry out a public consultation which is a legal requirement when introducing purposes under the Digital Economy Act 2017, the Public Service Delivery Power .

Data

We will process the following personal data:

• Last name
• e-mail address
• organization
• your views on the proposed Scottish target for early learning and childcare.

We ask that you refrain from providing any personal information that could identify you or another person.

Legal basis of processing

The legal basis for the processing of your personal data is:

1. Processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller. In this case, it is a question of carrying out a public consultation which is a legal obligation when introducing a new objective under the Digital Economy Act 2017, the power to provide public services.
2. Consent of the data subject (when your views are attributed to you in a government report)

As part of the consultation exercise, we will ask for your opinion. We ask that you do not provide any data that could identify you or another person. Any personal and/or sensitive data that could link an individual to the opinions expressed will be deleted and not used.

Recipients

Your personal data will be shared by us with partner organizations who will help us analyze the data.

As your personal data will be stored on our IT infrastructure, it will also be shared with our data processors who provide messaging, management and document storage services. Personal data will be collected by a third party and extracted for storage on our corporate IT infrastructure.

Retention

We intend to delete the data until the legislation has been successfully passed by Parliament and we do not perceive any risk of judicial review. However, we do not intend to retain the data beyond 7 years.

6.2 your rights

You have the right to request information about how your personal data is processed and to request a copy of that personal data.

You have the right to request that any inaccuracies in your personal data be rectified without delay.

You have the right to request that any incomplete personal data be completed, including by means of a supplementary declaration.

You have the right to request the erasure of your personal data if there is no longer any justification for their processing.

You have the right, in certain circumstances (for example, where the accuracy is disputed), to request that the processing of your personal data be restricted.

You have the right to object to the processing of your personal data where it is processed for direct marketing purposes.

You have the right to object to the processing of your personal data.

You have the right to withdraw your consent to the processing of your personal data at any time.

6.3 International transfers

As your personal data is stored on our IT infrastructure and shared with our data processors, it can be transferred and stored securely outside of the UK. If this is the case, it will be subject to equivalent legal protection through an adequacy decision or the use of standard contractual clauses.

6.4 Complaints

If you believe that your personal data has been misused or mishandled, you can lodge a complaint with the Information Commissioner, who is an independent regulator. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or 0303 123 1113, or [email protected] Any complaint to the Information Commissioner is without prejudice to your right to seek redress in court.

6.5 Contact Details

The controller of your personal data is the Cabinet Office. The controller’s contact details are: Cabinet Office, 70 Whitehall, London, SW1A 2AS, or 0207 276 1234, or [email protected]

Contact details for the data protection officer of the controller are: [email protected]

The Data Protection Officer provides independent advice and oversight of the Cabinet Office’s use of personal information.