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
During the course of our work we collect/use personal data for the purpose of processing payment of invoices in return for goods or services provided under the Reimbursement of Members’ Expenses Scheme on behalf of Members of the Scottish Parliament.
All claims made under the Reimbursement of Members’ Expenses Scheme are published in line with Section 83 of the Scotland Act which requires the Parliament to ensure that information regarding the sums paid in expenses under the Scheme is published for each financial year. Published data only includes Members names and no other personal data.
Categories of information processed
Normal category data is processed which includes: name, address, telephone number, email address and bank or building society account details for:
- suppliers including contractors and businesses which are not limited companies including sole traders.
Source of the information
Personal data is provided to us directly from individuals (data subjects) through:
- invoices
- email or other correspondence and
- members of the Scottish Parliament and their office staff
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data.
The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract in terms of Article 6(1)(b) UK GDPR.
The processing is also necessary for the payment of invoices for expenses incurred by Members, and for the publication as described above under sections 81(2) and 83 of the Scotland Act and the Reimbursement of Members’ Expenses Scheme (a parliamentary resolution passed by virtue of section 81(2) and (5)(b) and 83(5) of the Scotland Act 1998.) The processing is therefore necessary to comply with a statutory obligation to which the Scottish Parliamentary Corporate Body (SPCB) is subject in terms of Article 6(1)(c) UK GDPR.
Consequences of not providing personal data
Should the data subject not provide the required information this would result in non-payment. The SPCB would also fail to meet its statutory obligations.
Data sharing
Where necessary, personal data is shared both internally within the Scottish Parliamentary Service and externally with other government agencies and organisations. We share your data with the following:
- business areas of the Scottish Parliamentary Service
- internal Audit (and external support) and External Auditors
- bank or Building Society (of both the Scottish Parliament and the data subject)
- other Government agencies and organisations (including those involved with the National Fraud Initiative)
Purpose of data sharing
Business areas of the Scottish Parliamentary Service:
Supplier data is shared internally with the relevant business areas in order to:
- set up and maintain suppliers on the financial accounting system
- validate and review invoices for payment
Internal audit (and external support) and External Auditors:
All data relating to the payment of invoices can be shared (usually on a sample basis) with both internal audit (and support) and external auditors in order to review payments to ensure they are processed demonstrating good governance, accountability, integrity and ensure the relevant control measures are in place to reduce risk.
Bank or building society (of both the Scottish Parliament and the data subject):
All personal data is shared with the relevant Bank or Building Society to allow payment.
Other Government agencies and organisations (including those involved with the National Fraud Initiative):
The financial accounting systems we use are provided by a third-party government agency and contractor both of which require access in order to provide administrative and technical support. Personal data is also provided to the relevant government agencies as part of the National Fraud Initiative. Where possible, links to the relevant privacy notices for these organisations can be found below:
Scottish Government privacy notice
National Fraud Initiative privacy notice
Retention of data
Personal data is retained in both paper and electronic format in accordance with the Scottish Parliament records management policy, and access is limited as appropriate. All invoices and any supporting documentation is retained for the current financial year plus 6 years.
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 27 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