In a developing story that has raised significant concerns about privacy and informed consent, data from a controversial school survey in Scotland is being offered to external researchers without explicit parental or pupil consent. The Health and Wellbeing census, conducted by the Scottish government, asked school pupils as young as 14 about their sexual experiences, mental health, and relationships, leading to a public outcry and calls for greater transparency and control over the data.
Controversial Survey: A Closer Look
The Health and Wellbeing census, which was conducted online in 2021, asked over 130,000 pupils a range of sensitive questions, including about their sexual relationships and contraception use. This raised immediate concerns among parents and education experts about the nature of the questions and the handling of sensitive data. Pupils in S4 (aged 14-15) were directly asked about their sexual experiences, including specific questions about oral sex, vaginal or anal sex, and the use of condoms during intercourse.
While the survey was intended to gather data for public health and research purposes, many parents felt that the information collected was too invasive. A key issue was that parents were not adequately informed about the nature of the survey beforehand, nor were they explicitly asked for consent to share their children’s personal information.
Data Sharing Without Explicit Consent
The most recent controversy arose when it was revealed that the data, including potentially sensitive answers from the pupils, was being offered to external researchers via the website of Research Data Scotland. This charity was established by the Scottish government in 2021 to facilitate access to data on health and wellbeing. However, many parents claim they were unaware that their children’s responses might be shared in this manner.
The survey was conducted on an “opt-out” basis, meaning pupils could participate unless their parents specifically opted out. This is in contrast to the “opt-in” system recommended by the UK’s Information Commissioner’s Office (ICO), which states that consent must involve a clear affirmative action. Critics argue that this “opt-out” approach does not constitute valid consent and fails to meet the legal standards for privacy protection.
Concerns Over Anonymity and Privacy Risks
One of the most significant concerns raised by privacy experts and academics is the potential for students to be identified through their answers. While the Scottish government has assured the public that the data would not be used to identify individuals, the inclusion of personal identifiers, such as individual candidate numbers, raised alarms. Critics, including Lindsay Paterson, a professor at Edinburgh University, have warned that linking the survey data with other datasets, including information about ethnicity or location, could easily lead to the identification of specific pupils—especially in smaller, rural schools.
The ICO had previously warned the Scottish government about these risks in 2023, pointing out that the manner in which the data was gathered, stored, and transferred left significant vulnerabilities, particularly the possibility of children being identified by “third parties and rogue actors.”
Parental Outrage and Public Backlash
Many parents expressed their concerns after learning about the survey’s content and the fact that their children’s responses were shared without their informed consent. Sonia, a parent from East Scotland, described the lack of transparency and failure to adequately inform parents as a breach of trust. “A lot of parents don’t even know their children participated in this,” she said. “Parents never received the letters or never opened them. Once we started reading into it, we realized this was a much bigger exercise than we were led to believe.”
Some parents who discovered their children had taken part in the survey requested that their data be deleted, only to be told that this was not possible.
Political Reactions and Calls for Accountability
The Scottish Conservatives have called for an urgent explanation from the Scottish government regarding the handling and sharing of the data. Roz McCall, the children and young people spokeswoman for the Scottish Conservatives, said, “It is unacceptable that young people’s trust has been betrayed in this manner despite the assurances given by SNP ministers that it would be kept confidential.”
In response to these concerns, a Scottish government spokeswoman reiterated that all participants had the opportunity to skip questions and that the councils were responsible for providing information about opting out. The spokeswoman also emphasized that the data, once shared with researchers, would only be used for statistical and research purposes, with no identifiable information being shared.
However, the ongoing backlash indicates that many parents, education experts, and privacy advocates believe the handling of this survey data falls short of acceptable standards, especially when it comes to the protection of children’s rights and privacy.
