Handling procedures for information received in relation to the certification of true seeds have been designed to take into account legislative developments, particularly the Freedom of Information (Scotland) Act 2002, the Environmental Information (Scotland) Regulations 2004 and the Data Protection Act 1998. Applicants should be aware that from the seed year 2008 onwards it is the certifying authority's intention to release details of all seed lots to BSPB, on request.
The following statement will now appear on the SDG 7 (application for certification) form: "The Certifying Authority is bound by current disclosure legislation which includes the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. Details of all seed lots certified in Scotland will be subject to release to BSPB. For further information on the disclosure policy, please see the Guidance Notes or the SASA web site."
The following statement will appear on all other forms: "The Certifying Authority is bound by current disclosure legislation which includes the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. For further information on the disclosure policy, please see the Guidance Notes (or the SASA web site)."
The certifying authority may be required to release information, including some personal data and commercial information, if requested under the Environmental Information (Scotland) Regulations 2004 or the Freedom of Information (Scotland) Act 2002. The certifying authority will not permit any unlawful breach of confidentiality nor permit breach of obligations under the Data Protection Act 1998.
Applicants should also note that information supplied on seed certification forms will be used by SASA and other branches of the Scottish Government Rural Directorate for the purpose of determining the application, for enforcement purposes and for research and statistical purposes. Information may also be shared / exchanged with other Certifying Authorities for verifying applications and for enforcement purposes.
SASA