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
When you attend the Festival of Politics in-person or online as a panellist your image and what you say will be captured online and may be shared via social media.
If you are a member of the audience, you will have the opportunity to express your views and ask your questions or send comments to panellists during online or in-person panel events. Online, events will take place via a question and answer forum where your questions and comments will be shared with the Chair of the panel. Your engagement and expression of your views and experiences are essential to the Festival of Politics.
The Festival of Politics will use SmartSurvey, a third-party survey tool, to collect relevant information about panellists attending the event for administrative purposes and analyse survey feedback from members of the audience for the purposes of improving the Festival content. Using Smart Survey means that you can engage with the Scottish Parliament in an accessible way.
Read the terms and conditions of using SmartSurvey
If, as a member of the audience your question or comment is selected, the information you provide during the Festival of Politics may be published on the Scottish Parliament website and communicated on social media and as a podcast. The information you supply may also be retained for archive purposes as a record of the 2022 Festival of Politics.
Smart Survey will send you a URL after your participation in a panel session to ask you to complete a feedback survey. Smart Survey and the SPCB will only use the personal data you provide to assist with planning the next Festival of Politics.
Following the event footage will be transferred to Kapwing, an online video editing tool, for the purposes of capturing video clips of panellists speaking at the event which will be used for marketing purposes. The footage will feature on the Scottish Parliament and Festival of Politics websites.
Further information about the way Kapwing uses your personal data
The categories of information provided
For panellists we will process normal category data including your name, mobile number, address, biographical information about you, your image and your photograph. For members of the audience we will process your name, email address and geographical location for example, to introduce you and your question for the panel. Depending on what views and experiences you decide to share, the content of your submission or what you say as a panellist may contain *special category personal data.
*Special category personal data includes information revealing an individual’s race; ethnic origin; political or religious views; sex life or sexual orientation; trade union membership; physical or mental health; genetic or biometric data.
Your name and email address may be used by the Scottish Parliament to contact you about the information you have provided, about your participation or to seek feedback.
Collecting and holding personal data
The information you provide to complete the Smart Survey will be held by the SPCB only for the purpose of assisting with the planning for the next Festival of Politics. No personal data will be retained.
The Scottish Parliamentary Corporate Body (SPCB) processes any personal data you send in line with the requirements of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data consists of data from which a living individual may be identified. The SPCB will hold any personal data securely, will use it only for the purposes it was collected for and will only pass it to any third parties in line with the legal basis for which it is being processed.
Further information about data protection legislation and your rights
Source of the information
Personal data is provided directly to the SPCB participating individuals using SmartSurvey, and BlueJeans.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data. The legal basis for processing the personal data you provide to the Scottish Parliament using SmartSurvey or as a panellist is that it is necessary for the performance of a task carried out in the public interest in terms of Article 6(1) (e) of the UK GDPR and section 8(d) DPA.
If you provide special category personal data during panel discussions, then the legal basis for processing this personal data is that it has been made public by the data subject in terms of Article 9(2)(e) of the UK GDPR. The task is to facilitate information gathering during the Festival of Politics to promote the work of the Scottish Parliament and to enable effective and full consideration of public views.
Your comments and views may be retained as a record of the Festival of Politics and the legal basis for transferring your personal data to the National Records of Scotland is that it is necessary for archiving purposes in the public interest in terms of Article 6(1)(e) UK GDPR and section 8(d) DPA or, for special category data, Article 9(2)(j) UK GDPR, and section 10(2) and paragraph 4 of Schedule 1 of the DPA.
Data sharing
The biographical information and jpeg photographs of themselves that panellists supply using SmartSurvey will be used by Scottish Parliament staff in the Events and Exhibitions Team; and the Parliament Communications Office, who may make presentational changes to the information you have supplied in order to publish it. This will not interfere with the meaning of the content of the information you have submitted. Please note that the biography and photograph you provide will be published on the Festival of Politics website.
Unless you have identified that your submission as part of the post-event survey is being made anonymously, all the information you submit to SmartSurvey including your name and email address including your thoughts and views will be will be held by the SPCB for a period of a month only for the purpose of assisting with the planning for the next Festival of Politics.
Retention of data
The information submitted by panellists consisting of contact details and biographical information will be retained until the end of the calendar year in which the event took place plus 4 years in accordance with the Scottish Parliament records management policy.
Event footage transferred to Kapwing for the purposes of editing video clips will be deleted from Kapwing servers after 30 days.
Certain significant events may form part of the public record and panel discussions may be retained in accordance with the Scottish Parliament records management policy and then be transferred to the Scottish Parliament archive at National Records of Scotland where they will be publicly available.
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 13 May 2022.
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