4. What legal advice has the Counsel General provided to the Welsh Government regarding personal data? OAQ51721

I thank the Member for his question. The Welsh Government is committed to complying with the law relating to personal data.

I’m very pleased to hear that. Of course, I believe that the Counsel General will be aware of a recent case of the Government revealing personal data, namely my own personal data, with regard to correspondence, not just mistakenly but misleadingly. Could he say whether he has provided advice in that particular case as to whether or not the Government has breached data protection rules, and can he share the contents of that advice? As the Lord Chancellor has created protocol with regard to confidentiality of correspondence with Members of Parliament, would the Counsel General be willing to meet with me, and other elected Members, so that we can create a similar protocol here, so that there is certainty with regard to the confidentiality of our correspondence?

Thank you for that supplementary question. As the Member’s colleague in the front row will know, parliamentary convention here prohibits me from discussing any specific advice given, or even the fact that I gave any advice at all. The Member will know that Welsh Government’s view is clear on this that no offence had been committed under the 1998 Act, and that’s a matter of public record now. You mentioned the Lord Chancellor’s convention. I have to admit that I am not familiar with that convention, and so I would be willing to discuss the contents of that convention with him, if he sends me a note.

Will the Counsel General confirm that, regardless of the position regarding data protection legislation, the misuse of private information for party political purposes when that private information is obtained in a ministerial capacity, with the use of official resources, is wrong, and that is also a breach of the ministerial code and should not be repeated? We have had instances of this before, and it appears that the conduct of the First Minister last week, in respect of Adam Price, might well have infringed that code as well. I wonder whether the Counsel General can give his opinion on that.

The Member is a highly experienced parliamentarian, and will know full well that's not an appropriate question for the Counsel General to comment upon, and so I won't.