Named person opponents warn of legal bid

CAMPAIGNERS against the Scottish Government’s controversial named person scheme claim families are considering legal action after discovering their private information has been passed between public bodies.

The claim comes as the Information Commissioner has told the Scottish Government to remove guidance on sharing information about children from its website in light of the court ruling.

The Scottish Government was due to roll out the scheme in August, but was forced to delay it after a legal challenge by campaigners led to the UK Supreme Court ruling some elements are “incompatible” with the right to privacy and family life, as set out in the European Convention on Human Rights (ECHR).

The flagship policy would appoint a single point of contact, such as a teacher or health visitor, to look out for the welfare of all children up to the age of 18 but opponents claim it erodes privacy.

Now, the head of the Information Commissioner’s Office for Scotland Ken Macdonald has taken the “unusual step” of telling the Scottish Government to remove out-of-date guidance.

The guidance was originally published in 2013 when pilot schemes of the named persons act were being trialled and states: “If there is any doubt about the wellbeing of the child and the decision to share, the Data Protection Act should not be viewed as a barrier to proportionate sharing.”

The updated guidance stressed that sharing personal data of children and young people without their consent should only take place in line with the Data Protection Act and otherwise could be illegal.