Some of the language used in privacy notices can be specialised. The Information Commissioner's website provides a useful introduction to key terms and concepts.
The purpose of the processing
We will process your personal information to enable us to consider your suitability for an advertised vacancy. This may include collecting your personal information, recording it, storing it, using it, amending it and destroying it.
In general, we process your personal information to:
- Assess your suitability for the advertised position
- Make a decision about your recruitment or appointment,
- Contact you in relation to your application
Categories of information processed
Normal category data is processed which includes; title, name, home address, email address, telephone number, qualifications, previous employment history, employment reference addresses, skills and experiences.
Special categories of data are also requested for monitoring of equal opportunity and treatment which may include, gender, ethnicity, nationality, sexual orientation, disability, religion/belief.
*Special category personal data consists of information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purposes of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Source of the information
At this stage of the recruitment process all personal data will be provided by the applicant only.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data.
- The processing of personal data for the purposes of Advisory Audit Board recruitment, including pre-employment checks, is necessary for the legitimate interests of the Scottish Parliamentary Corporate Body (SPCB) (Article 6(1)(f) UK GDPR) in order to select a suitable candidate.
- The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Article 6(1)(b) UK General Data Protection Regulation (UK GDPR).
- The processing of special category data is necessary to exercise or perform employment law rights and obligations and to review equality of opportunity or treatment. The processing is necessary for reasons of substantial public interest (Article 9(2)(g) UK GDPR and paragraph 8, Part 2, Schedule 1 of the Data Protection Act 2018 (DPA)) as the processing is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatments between groups of people with a view to enabling such equality to be promoted and maintained. Applicants are not under an obligation to provide the data to us.
Data sharing
Your application will be reviewed by the Internal Audit and HR offices and shared with the interview board. We will not pass your personal details to any other third party.
Retention of data
If you are successful, some of the personal data you provide as part of the application process will be retained in our records for the duration of your appointment plus 6 months retained in accordance with the Scottish Parliament records management policy.
Personal details for unsuccessful applicants will be retained for 1 year from the closing date for applications in accordance with the Scottish Parliament records management policy.
Children and young people safeguarding and child protection
In line with the principles underlying the National Guidance for Child Protection in Scotland (2014), published by the Scottish Government, our staff may report a concern to the relevant authorities if they come across an issue during their work which causes them to think that a child may be at risk of abuse or harm.
Your rights
Data protection legislation sets out the rights which individuals have in relation to personal data held about them by data controllers. Applicable rights are listed below. You can exercise your data subject rights in particular circumstances depending on the purpose for which the data controller is processing the data and the legal basis upon which the processing takes place.
The following rights may apply:
Access to your information
You have the right to request a copy of the personal information about you that we hold.
Further information on how to make a data protection 'subject access request'.
Correcting your information
You have the right to ask us to correct the personal data we hold about you. We want to make sure that your personal information is accurate, complete and up to date and you may ask us to correct any personal information about you that you believe does not meet these standards.
Objecting to how we may use your information
You have the right at any time to require us to stop using your personal information for direct marketing purposes. In addition, where we use your personal information to perform tasks carried out in the public interest then, if you ask us to, we will stop using that personal information unless there are overriding legitimate grounds to continue.
- Please note that the right to object to the processing of personal data does not apply where the data subject has consented to the processing, subject to the right to withdraw consent.
- The right to object to the processing of personal data for the purposes of a public interest task is restricted if there are legitimate grounds for the processing which override the interest of the data subject.
- The right of erasure and the right to object to processing of personal data do not apply where personal data is processed for the performance of a legal obligation. This will be considered on a case by case basis and depends on what personal data is involved and the risks further processing of that data could pose to you.
Deletion of your information
You have the right to ask us to delete personal information about you where:
- You consider that we no longer require the information for the purposes for which it was obtained
- We are using that information with your consent and you have withdrawn your consent – see Withdrawing consent to using your information below
- You have validly objected to our use of your personal information – see Objecting to how we may use your information above
- Our use of your personal information is contrary to law or our other legal obligations
- Please note that the right allowing for deletion or erasure of personal data (right to be forgotten) does not apply in cases where personal data is processed for the purposes of the performance of a task carried out in the public interest.
- The right of erasure and the right to object to processing of personal data do not apply where personal data is processed for the performance of a legal obligation. This will be considered on a case by case basis and depends on what personal data is involved and the risks further processing of that data could pose to you.
Restricting how we may use your information
In some cases, you may ask us to restrict how we use your personal information. This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our use of your information. The right might also apply where this is no longer a basis for using your personal information, but you don't want us to delete the data. Where this right is validly exercised, we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.
Withdrawing consent to using your information
Where we use your personal information with your consent, you may withdraw that consent at any time and we will stop using your personal information for the purposes for which consent was given.
Please contact us in any of the ways set out below if you wish to exercise any of these rights.
Changes to our privacy statement
We keep this privacy statement under regular review and will place any updates on this website. Paper copies of the privacy statement may also be obtained using the contact information below.
This privacy statement was last updated on 7 May 2021.
Complaints
We seek to resolve directly all complaints about how we handle personal information but you also have the right to lodge a complaint with the Information Commissioner's Office online at: https://ico.org.uk/make-a-complaint.
Or by phone at: 0303 123 1113
Contact information and further advice
If you have any further questions about the way in which we process personal data, or
about how to exercise your rights, please contact the Head of Information Governance
at:
The Scottish Parliament
Edinburgh
EH99 1SP
Telephone: 0131 348 6913
(Calls are welcome through the Text Relay service or in British Sign Language through contactSCOTLAND-BSL.)
Email: dataprotection@parliament.scot
Please contact us if you require information in another language or format