The Coronavirus (Scotland) (No.2) Act 2020 received Royal Assent on 26 May and takes effect from 27 May 2020. Here we look at some of the most significant changes it introduces.
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As well as managing resources in order to comply with the GDPR's timescales, organisations may face challenges in being able to collate and review all applicable personal data. The GDPR primarily relates to electronic personal data and so even with remote working it should be possible for organisations to access such personal data for the purposes of, for example, responding to a subject access request.
The new Coronavirus (Scotland) Bill which passed the Scottish Parliament on 1 April 2020, contains provisions to extend the deadlines under the Freedom of Information rules (FOISA). The Bill extends the current statutory deadlines that Scottish public authorities, including registered social landlords (RSLs), are obliged to adhere to when responding to requests for information under FOISA.
A recent Supreme Court judgment considered whether an employer of a controller of personal data could be vicariously liable for a data breach by that person, even a deliberate one. The case demonstrates the importance of organisations ensuring that they have appropriate control mechanisms in place to prevent employees from transferring personal data from organisational systems to personal systems.
Covid-19 will impact the ability of Scottish public authorities to respond to information requests within the statutory timescales as set down in FOISA and the EIRs. Here we look at current guidance for dealing with Freedom of Information etc at this time.