Information sharing

When you need consent to share information

The lawful basis of ‘consent’ applies if you'd like to share information to help a child, young person or family access support that could be helpful - but which is entirely optional.

When you don't need consent

Don't ask permission if it could increase the risk of physical, mental or emotional harm to a child or young person; or if asking for consent could otherwise place a child or young person at risk. Under these circumstances there is a lawful basis for not seeking consent.

  • Under data protection legislation you can share information without consent if, in your judgement, there is a lawful basis to do so.
  • The lawful basis of ‘performance of a public task’ applies where sharing information is necessary to ensure the best interests of the child or young person are met.
  • You can share information for the purpose of protecting a child or young person from harm
  • If Children & Families Social Work request information, it is likely that is necessary to fulfil the council's duties of protection.
  • You will need to base your judgement on the facts about the case.

When you are sharing or requesting personal information from someone, be clear about the legal basis you are acting on.

If you share information without consent, you must keep a record of what has been shared and on what legal basis.

Who gives consent to share information

You will need consent from each of the individuals that data is about.  If the information is about a child and their parents, both the child and parents must consent.

If you are sharing information about a child under 12, a parent or other person with parental responsibilities must provide or withhold consent on the child’s behalf.

Under Scots Law, it is presumed that a child over the age of 12 is of sufficient maturity and understanding to provide or withhold consent on their own behalf.

Police information requests

When you need information from Police Scotland, you must use the Request for Police Information form. Police Scotland will not share information in any other format.

To comply with the Data Protection Act 2018, you must also provide details of the reason for the request and full details of the ongoing concern or concerns under review.

If you request information that has previously been supplied for the same purpose to another member of your organisation’s staff or department and this information has not changed, you will be directed to obtain the information from the relevant contact. Police Scotland will not supply the information again if it has already been provided and has not changed.

Further Information

For more detailed guidance on sharing personal and/or sensitive personal information, refer to:

Information Commissioner’s Office Data Sharing Checklists

Further questions relating to Data Sharing and compliance with the legislation, email:

dataprotection@fife.gov.uk or Fife.dataprotection@nhs.scot

Useful links