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Health and Wellbeing Census (Third-party Access)
To ask the Scottish Government whether it has any data showing the number of children or parents who were aware that results from the health and wellbeing census could be accessed by third-party researchers.
The Scottish Government is not collecting health and wellbeing census data from local authorities. That data was gathered once, between October 2021 and June 2022. Any survey or questionnaire collecting personal data must comply with the key principles set out in data protection legislation, which include the principles of fairness, lawfulness and transparency.
Local authorities were provided with guidance and materials to produce privacy notices to fully explain the purpose of the survey and how the data would be used. Local authorities were responsible for the distribution of the privacy notices to parents and carers in advance of the survey. The Scottish Government therefore does not hold that data.
Three years ago, the Scottish National Party was embroiled in scandal over the shameful school sex survey. The questionnaire was sent to 130,000 children, some as young as 14 years old, and they were asked highly intrusive and inappropriate questions, including to detail their sexual experiences.
Most parents were not even aware of what their children were being asked. The letter sent out to parents, informing them of the survey, did not explain about the detailed questions on sexual history, mental health and other sensitive topics. As the SNP adopted an opt-out model for parents and pupils, many children were exposed to that inappropriate questionnaire without the active consent of their parents.
Cabinet secretary, do you think that it is ever okay to ask a 14-year-old questions about their sexual history without the consent of their parents?
Always speak through the chair, please.
I recognise the strength of feeling in relation to this topic. It is worth recounting to Parliament that the data was collected on one occasion only, between 2021 and 2022. As Ms Gallacher will be well aware, only 16 local authorities—that I am aware of—took part in the gathering of the data. It is important that the Government reflects on that, and we need to work with our local authorities on how we can improve the data collection.
Ms Gallacher raised the issue of parental consent. As I set out in my original answer, the issue of parental consent should have been communicated via schools—because that is how our local authorities operate in Scotland, in terms of their responsibilities—and that consent should have been sought. Even when parental consent was given, young people had the option of opting out, and many did. We need to reflect on that, too.
Ms Gallacher asked a broader question about the holding of data. As I said in my original answer, the Scottish Government is not collecting the data and we have not collected it since June 2022. As Cabinet Secretary for Education and Skills, I have also taken a decision to pause how we collect the data. I think that it is important that we reflect on that.
I am sorry—I see that the member does not have a particularly happy face right now. I would have thought that she would welcome the Government’s approach, because it has been her approach throughout. [Interruption.] I can hear her chuntering from a sedentary position. I would have thought that the member would welcome that approach from the Government, which shows that we are listening.
I have discussed these concerns directly with the chief statistician, and I will meet with him this evening, following the conclusion of this meeting of the Parliament. I have been reassured that, in future discussions, he will take appropriate steps that reflect the strength of feeling about collecting this type of information.
The cabinet secretary does not get it. Parents are furious about this. They are furious about the way that the Scottish Government has acted—[Interruption.]
Let us hear Ms Gallacher.
—in putting out the school sex survey to local government without parental consent and without parents knowing. It has been revealed that that sensitive data, which the Scottish National Party promised would be kept confidential, is being advertised to third-party researchers. That is a blatant betrayal of trust and raises concerns about the protection of our children’s privacy. Will the cabinet secretary please explain why that data has been shared and provide assurances that the shameful decision to share it will be reversed and never repeated?
I recognise the strength of the member’s feelings on the issue, but I do not recall her asking to meet me to discuss it. She also needs to reflect that the data was gathered once, in 2021 and 2022, and it is now 2025. If she would like to meet me to discuss her concerns, I am more than happy to do that. I have given her an assurance today that the survey has been paused at my behest. I have also given her my commitment that I am engaging with the chief statistician on this. I hope that she will recognise that I am taking direct action in relation to the concerns that she has raised today.
On the broader issue that she raised in relation to data, the data was not gathered by the Scottish Government; it was gathered by local authorities, and only 16 took part.
We have several requests for supplementary questions. We have a time allocation for this item, so concise questions and responses would be helpful.
For the sake of reassurance, will the cabinet secretary confirm that, although councils were responsible for opt-out procedures, participants in the survey are not identifiable?
I have been assured by officials that robust ethics and privacy controls are in place to prevent any young person from being identifiable from any results of the statistical and research work. The health and wellbeing census data, which is held by the Scottish Government, is anonymised, and I have been assured that we do not have access to information that would enable the direct identification of any pupil. The Scottish Government also ensures that any results produced from analysing the data do not enable an individual child to be identified. I hope that that provides the member with the reassurance that she has sought today.
There is great concern about this, principally from a data point of view. The assertion that individuals cannot be identified is disputed by those who say that there is other information in the public domain and that, if the data is matched together, we can identify children, particularly in small schools.
The United Nations Convention on the Rights of the Child categorically states that children have a right to have their opinions heard and taken seriously. The Information Commissioner’s Office categorically states that opt-out consent is not consent: consent must be opt-in. The Scottish Government requested the data and the local authorities took the census and fed it into schools, where teachers then requested that young people and children complete it. There is a disparity of power between a young person in a class and their teacher if they are invited to complete something.
I heard what the cabinet secretary said, and I welcome the suspension of any further work on this, but can she answer the question about how an opt-out consent was the recommended way to obtain consent from children in relation to the data that was collected in 2021-22?
The member raises some important points. In the initial part of his question, he made a point about the views of children and young people, which are hugely important. The health and wellbeing census helps us to respond to issues that children and young people are concerned about. Throughout the pandemic, issues were raised by the Children’s Parliament, the Scottish Youth Parliament, YouthLink Scotland and YoungScot that consistently indicated that children and young people were concerned about their own health and wellbeing and that of others around them. That is important.
More broadly, the member made a point about opting out. As I understand it, parents were communicated with about the responsibilities of local authorities and, if parents gave their consent, a young person could opt out. They were not forced to do this; they were able to opt out.
I see that Mr Whitfield is shaking his head at me. I am more than happy to write to him on the issue. I have paused that data collection for the reasons that have been rehearsed by Ms Gallacher, and I am meeting the chief statistician this evening. I would be more than happy to write to Mr Whitfield with a fuller response on his specific points.
The introduction to the survey, which was written using wording that the Scottish Government supplied, promised children and their families that their answers would not be shared outwith their local authority. It is now clear that that data not only has been passed to the Scottish Government but has been shared with third-party researchers. Will the cabinet secretary confirm who gave the directive to pass the information to third-party researchers? Will she meet me and my constituent who was on BBC Scotland last night, who has campaigned on the issue, so that the matter can be further investigated?
I recognise Mr Balfour’s interest in the topic, and I know that he has engaged with the Government on it historically. I am more than happy to meet him and his constituent—I heard the report on “Reporting Scotland” last night.
Mr Balfour raises an issue in relation to data collection and instruction. I raised the issue with officials, and my understanding is that an instruction did not come from ministers. That is part of the way in which data is shared across the Scottish Government, and I give the assurance that it is not unique to this data set.
I am more than happy to engage with Mr Balfour on the issues that he has raised.
This is an important matter. It is important that we get our data protection procedures right, so I am pleased to hear that the cabinet secretary is taking the issue seriously. However, I hope that what has happened does not prevent us from doing future work, because we need to understand what young people think and how they live their lives. The Parliament can be detached at the best of times and, unless we do such work, we will be even more remote. Will the cabinet secretary ensure that future surveys are done correctly but that they are carried out, so that we understand what young people are thinking?
Mr Rennie makes a really salient point. Gathering such data is important for all the reasons that I alluded to in my response to Mr Whitfield, but it is important that we get it right. As the cabinet secretary, I must reflect on the fact that, for whatever reason, 16 local authorities across the country decided not to engage in the survey. We need to work with local authorities to re-establish a more effective way of supporting them in that regard.
Gathering such data is not new; it has been undertaken by Governments for many years. The health behaviour in school-aged children survey has run since the 1990s, with the latest round of it having taken place between January and March 2022. There is also the long-standing Scottish schools adolescent lifestyle and substance use survey, which has been undertaken since 1982—before I was born. Such issues are routinely included in pupil surveys in other countries across Europe, including England and Wales. There are a variety of ways in which Governments across the world gather data on those types of issues.
I need to reflect, because we need to do better in the future in relation to how such data is gathered. I hope that members understand, from my responses today, that that is the approach that I will take.
We need to go back to the basics. The health and wellbeing census was organised and promoted to councils by the Scottish Government, although half of councils said that they would not participate in it. The results of the survey were given to the Government, which has collated the data. What questions has the cabinet secretary asked about why that data has been offered to researchers? What breaches of confidence in relation to freedom of information have there been? A number of members have asked about that, but they have not had a clear answer. Although she has said that she has now suspended that data collection and is investigating the matter, what independent investigation of the whole process will take place?
I might have said this in a previous answer, but it is worth repeating. I have asked the chief statistician to write to Research Data Scotland so that it removes the health and wellbeing census from the data catalogue on its website. The sharing of that information is the salient issue that has been raised today. Data access requests by researchers in relation to the health and wellbeing census will be paused while we undertake our considerations. It is important that I have an opportunity to engage with the chief statistician on that data set.
On Mr Briggs’s other question, it is my understanding that no direction was given to share the data. The data was shared as a matter of course, as many data sets across the Government are.
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