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 purposes of the processing
Your views, experiences and expertise are essential to the working of the Scottish Parliament either when you provide information in the form of a submission during an online consultation session or where you engage in online meetings at the parliament.
You do not have to participate in activities using video conference technology, however, if you choose to do so we will process your personal data in accordance with this privacy notice.
All meetings or sessions using video conference technology will be recorded and published/used in accordance with this privacy notice.
Categories of information processed
If you decide to take part in an online meeting we will process normal category personal data about you such as your name, e-mail address and contact telephone number and likeness. Occasionally this may include a mailing address. This information is required so that we can share information with you about the arrangements for the meeting, identify you during the meeting and provide feed-back about how information from the meeting was used.
Depending on what views or experiences you decide to share at the meeting, the information may be considered as special category personal data. This is a category of very private information. For example, this could include details about:
- your own or another person’s race or ethnic origin
- political or religious views
- sex life or sexual orientation
- trade union membership
- physical or mental health
- genetic or biometric data.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data in accordance with the UK General Data Protection Regulation (UK GDPR). The legal basis for processing your personal data (including collecting, holding, sharing and retaining your data) is that the processing is necessary for the performance of a task carried out in the public interest in terms of Art 6(1)(e) UK GDPR and section 8(d) of the Data Protection Act 2018 (DPA). For special category data processing is necessary for reasons of substantial public interest in terms of Art 9(2)(g) UK GDPR and section 10(3) and paragraph 6(2)(b), part 2, schedule 1, DPA.
Publishing your views
Where you take part in an online meeting at the Parliament, this may be recorded in which event your image and what you have said at the meeting may be recorded and shared with meeting participants.
Retention of data
Your name and contact details may be added to our contact list to keep you up to date on any public engagement activities that you contributed to. These will be held securely on the Scottish Parliament systems and you can ask us to delete these contact details at any point. The details will be regularly updated.
Our normal practice is to contact you every 12 months to check if you are content for us to keep your contact details on file for these purposes. If you would like them to be removed, you can let us know by contacting the office who organized the event and we will do so.
If information within a meeting constitutes a public record it may be retained for permanent archiving with National Records of Scotland in fulfilment of the Parliament’s legislative obligations.
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 there 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 19 January 2021.
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
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