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 personal data in order to discuss your planned protest. We we will ask for your name, preferred contact details and what the protest is about. We will ask you about your plans, for example the likely numbers of people attending, how you are advertising your protest, the times of your protest and who will be speaking.
The categories of information processed
Normal category data such as names, addresses and telephone numbers and *special category data such as race; ethnic origin; political views; religion; trade union membership; health or sexual orientation.
*Special category data consists of 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 or data concerning a natural person’s sex life or sexual orientation.
Source of the information
The personal data held is provided to us directly from individuals (data subjects).
We store names, addresses, email addresses and telephone numbers for the purpose of contacting those organising demonstrations and protests at the Scottish Parliament and so that we can provide practical advice and updates to those organising the events.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data.
The legal basis for the processing of personal data is that it is necessary for a task carried out in the public interest in terms of Article 6 (1)(e) of the UK General Data Protection Regulation (UK GDPR) and section 8 (d) of the Data Protection Act 2018 (DPA).
Given that the names and contact details of organisers provided to us by them may be combined with the details of political or other demonstrations and protests some of the information held may enable special category personal data to be identified or derived from other information held. The legal basis for the processing is that the personal data processing is necessary for reasons of substantial public interest. The public interest is compliance with statutory equality requirements in terms of Article 9(2)(g) UK GDPR and section 10(3) DPA, in accordance with paragraph 6 (2)(b), Part 2, Schedule 1, DPA and section 29(7) Equality Act 2010.)
Data sharing
Depending on the type of demonstration or protest being held, the personal data supplied by those organising protests and demonstrations may be shared with the police and offices within the Scottish Parliament for health, safety and other practical reasons in the lead up to, during and after protests and demonstrations.
Retention of data
The names and contact details of organisers of demonstrations and protests are routinely held only until each event is concluded the demonstration or protest is concluded and is then securely destroyed. However, depending on the nature of the demonstration or protest (including those held more than once or regularly) contact details may be held for a longer period to enable communication about ongoing or future circumstances around demonstrations and protests.
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 3 February 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.
Or by phone at: 0303 123 1113