Child Protection Procedures - East Ayrshire Council

3.19 The Data Protection Act
3.20.1 The Data Protection Act, 1998 requires that personal information
is obtained and processed fairly and lawfully; only disclosed in
appropriate circumstances; is accurate; relevant and not held
longer than necessary and is kept securely. The Act allows for
disclosure without the consent of the subject kept securely. The
Act allows for disclosure without the consent of the subject in
certain conditions, including for the purposes of the prevention or
detection of crime, or the apprehension or prosecution of
offenders, and where failure to disclose would be likely to
prejudice those objectives in a particular case.
3.20 The European Convention on Human Rights
3.20.1 Article 8 of the European Convention on Human Rights states
that:
1 Everyone has the right to respect for his private and family
life, his home and his correspondence
2 There shall be no interference by a public authority with the
exercise of this right except such as in accordance with the
law and necessary in a democratic society in the interests of
national security, public safety or the economic well-being of
the country, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the rights
and freedoms of others.
3.20.2 Disclosure of information without consent might give rise to an
issue under article 8. Disclosure of information to safeguard
children will usually be for the protection of health or morals, for
the protection of the rights and freedoms of others and for the
prevention of disorder or crime. Disclosure should be appropriate
for the purpose and only to the extent necessary to achieve that
purpose.
3.21 Child Witness
3.21.1 Introduction
There are two strands of support which should be offered to children
been abused and who are required to give evidence at court:
• counselling regarding the trauma of abuse
• preparation for court.
3.21.2 Counselling regarding the trauma of abuse
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