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.
Purpose of processing
One way in which the Scottish Parliament invites people to share their experiences with the Parliament is by facilitating the creation of digital stories, using pictures and audio voiceover.
The Parliament uses digital storytelling in order to engage with members of the public, to promote such engagement opportunities or to give us information about what subjects are relevant to citizens and how the Scottish Parliament has influenced life and society in Scotland.
Stories may be shared with a Parliamentary committee to help inform an inquiry or other piece of work. Stories may also be shared on the Scottish Parliament’s website, on displays within the Scottish Parliament building or on the Scottish Parliament’s social media channels. We will discuss with you how your story may be used, and you will be able to choose not to share your story or to do so in an anonymised way.
We will hold your contact details to make arrangements for your attendance at the digital storytelling event.
We may use your contact details for feedback on how well we are engaging with people. You may also be asked if you would like to receive future updates on opportunities to become involved in Parliamentary work. You have the option to be removed from such mailing lists at any time.
Some stories may form part of the public record. Personal information contained within a public record will be retained in accordance with the Scottish Parliament records management policy and may be transferred to the Scottish Parliament archive at National Records of Scotland where it will be publicly available.
Categories of information processed
If you choose to take part in the digital storytelling event, the SPCB will use your contact information to make arrangements for the event and to give you feedback about how information from the event was used.
This will usually be a name, email address and contact telephone number. Occasionally this may include a mailing address if we receive information by hard copy.
This is considered as standard or normal category personal data.
Depending on the pictures and story you decide to share, the information may also be considered *special category personal data. For example, this could include details about race or ethnic origin, political or religious views, sex life or sexual orientation, trade union membership, physical or mental health.
Special category personal data includes information revealing
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- the processing of genetic data, biometric data for the purposes of uniquely identifying a natural person
- data concerning health
- data concerning a natural person’s sex life or sexual orientation.
You may also choose to send in advance the pictures that identify you that you want to use in your digital story, which is also your personal data.
If you want to use pictures and information that identifies a third party, please ensure you have permission from these individuals to do so. We recommend that you share this privacy notice with the third-party individuals to ensure they are fully informed.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data.
The legal basis for collecting, holding and publishing personal data you give us through digital storytelling is that the processing is necessary for the performance of a task carried out in the public interest.
Because we are using the information to engage with members of the public about the work of the Scottish Parliament, the task is to facilitate democratic engagement, which is a public interest task in accordance with Article 6(1)(e) UK GDPR and section 8(e)DPA.
If you choose to share any special category personal data about you in your video, the legal basis for processing special category data in these circumstances is that you have given your consent to the processing of this information in accordance with Article 6(1)(a) and that the personal data is manifestly made public by the data subject in terms of Article 9(2)(e) UK GDPR.
For the transfer of data to the National Records of Scotland (as described above), the legal basis is that it is necessary for archiving purposes in the public interest (Article 6(1)(e) UK GDPR and section 8(e) DPA and Article 9(2)(j) UK GDPR and section 10(2) and paragraph 4(a), Part 1 of Schedule 1 to the DPA).
Retention of personal data
Digital stories which are used on social media or for the purpose of promoting the Parliament’s work on the Parliament’s website will be handled in line with our privacy notice on social media.
If you withdraw your story as explained above, the completed film will be sent to you and any copies or photographs deleted within a week of the workshop. All photographs, whether or not used in a film, will be deleted within a week of the workshop.
Your contact details will be held securely until the end of the piece of work and then deleted, unless you have given us your consent to receive future updates on opportunities to become involved in Parliamentary work.
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 22 January 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