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Named Person Scheme: Families consider suing after private information shared

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Families in the Highlands are understood to be considering legal action after discovering their private information was passed between public bodies.

Campaigners against the Scottish Government’s controversial Named Person policy said “significant numbers” from the north had contacted them.

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

The Scottish Government was due to roll out the named person scheme in August but was forced to delay it after a legal challenge by campaigners led to the UK Supreme Court ruling some elements were “incompatible” with the right to privacy and family life.

But the flagship policy – where a single point of contact such as a teacher or health visitor is appointed to look out for the welfare of all children up to the age of 18 – has been operated by Highlands Council for several years.

Critics claim it represents an invasion of privacy, but supporters argue that it has proven effective in trial areas.

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Office for Scotland Ken Macdonald has taken the “unusual step” of telling the Scottish Government to remove out-of-date guidance after being contacted by NO2NP campaigners.

The guidance was originally published in 2013 when pilot schemes of the named persons act were being trialled.

It 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 issued following the court ruling stressed that sharing personal data of children and young people without their consent should only take place in line with the Data Protection Act, otherwise it could be illegal.

A spokesman for NO2NP said: “We ourselves have been contacted by numerous families who have uncovered intimate personal information about them being passed between agencies through making subject access requests for information which is held on them by public bodies.

“They are rightly furious and some are considering their legal remedies. There are significant numbers from the Highlands.”