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Accident reports

This privacy statement explains how we collect and use personal information as a data controller for the following process: Health & safety – creating and storing accident reports

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

The purpose of the processing is to create and retain accident reports to comply with legal requirements.

Categories of information processed

Normal category data – personal contact information such as your name, address, personal email, date of birth, home telephone number.

Special category data – depending on the nature of the accident we may process information about your health and any injury that you have sustained.

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
  • data concerning a natural person’s sex life or sexual orientation.

Source of the information 

The information is provided by the individual involved in the accident or a witness. 

Legal basis for processing

Data protection law states that we must have a legal basis for handling your personal data.

The Scottish Parliamentary Corporate Body (SPCB) is under a statutory obligation under Regulation 12 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 to collect and store some or all of the following information when an accident on SPCB premises occurs:

The full name, the occupation (for accidents experienced by members of staff), the status (e.g. customer, visitor or bystander), the injury, the date and time of the accident, the place where the accident happened and a brief description of the circumstances in which the accident happened.

The legal basis for collecting and storing personal data for accident reports is therefore that the processing is necessary for compliance with a legal obligation to which the SPCB is subject in accordance with Article 6(1)(c) UK General Data Protection Regulation (UK GDPR).  

For special category data, the data processing is necessary for the purpose of complying with a legal obligation conferred onto the data controller in the area of employment in accordance with Article 9(2)(h) UK GDPR and paragraph 1, Part 1 of Schedule 1 to the Data Protection Act (DPA). 

The records required under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 have to be retained for three years. 

For further storing of the records for another two years, the legal basis is that the processing is necessary for the purposes of a legitimate interest pursued by the SPCB and the injured person or third parties involved in accordance with Article 6(1)(f) UK GDPR. The legitimate interest is to be able to defend or argue potential future civil claims. 

Data sharing

This data is retained by the Health & Safety Advisor. Where there is a claim as a result of an accident the information may be shared with our Legal office, HR, HSE and with third-party insurance companies. 

Retention of data 

The data will be retained till the end of the calendar year plus 5 years, 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 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 29 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: [email protected]

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

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