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
Information regarding the contributors to and subjects of this artwork is being researched and collated for the purposes of a new digital touchscreen which will sit alongside the artwork and will provide visitors with information about the artwork’s history, the artist’s practice and some information about the women whose lives are celebrated and highlighted in the sculpture. The purpose for which this information will be collected and used is therefore the promotion of public engagement with the Parliament and its Art Collection.
Some of the information collected will also be held electronically in our electronic records in order to facilitate collections management.
Categories of information processed
Normal category data, including title, name, email address and other contact information, year of birth, short biography, photographs, audio voice recordings and films. No contact information will be included in the material on the digital touchscreen.
Some *special category data relating to a contributor or subject in the work (for example, disability information or sexuality) may be included in the material available on the digital touchscreen and recorded in our records if this information is directly relevant to, or otherwise informs, the artwork and where the contributor or subject have themselves put that information into the public domain.
*Special category personal data consists of information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purpose 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
Personal information is either provided directly by the contributors or subjects themselves or indirectly via their agents or representatives or is sourced from publicly available sources and fact-checked as part of the drafting and editing biographies. We will only collect and use this information in the digital touchscreen if the individuals agree to take part in the project.
Participants should be aware that if they agree to take part in the project then the information provided may be used for the purposes of public engagement as described in this notice; our legal basis for using the information in this way is not consent (see the section on legal basis below) and so we can still use the information even if you change your mind about wanting to take part in the project.
Legal basis for data processing
Data protection law states that we must have a legal basis for handling your personal data.
The legal basis for the processing of the personal data as described above is that it is necessary for the performance of a task carried out in the public interest (Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR) and section 8(e) of the Data Protection Act 2018 (DPA)). The tasks carried out in the public interest here are the Scottish Parliamentary Corporate Body’s (SPCB) tasks of facilitating curation activity, interpretation and collections management for the purposes of promoting public engagement with the Parliament and education in relation to the Parliament and its Art Collection.
As regards any special category data, processing is necessary for reasons of substantial public interest (Article 9(2)(g) UK GDPR and paragraph 6 (1)(b), part 2, schedule 1 DPA). The tasks carried out in the public interest here are the SPCB’s tasks of facilitating curation activity, interpretation and collections management for the purposes of promoting public engagement with the Parliament and education in relation to the Parliament and its Art Collection.
Data sharing
Personal information will appear alongside the artwork in the Parliament building, on a digital touchscreen located near the artwork to help interpret it to visitors – contributors’ and subjects’ names, year of birth (if living), date of birth/death (if deceased), short biographies, photographs sourced from photo libraries or provided for this purpose by contributors/subjects themselves, audio recordings of the written tributes and film/photographic portraits produced by Scottish Parliament officials. In order to produce the digital content, this information is being shared with the Parliament’s contracted exhibition designers.
Personal information – names of the contributors and subjects – appears online on the Parliament website and other social media platforms where artworks are promoted. Contact details are not shared with any other organisation or third party.
Retention of data
Details of the contributors and subjects are held electronically and retained for the lifetime of the artwork or loan period plus 5 years in line with the SPCB Records Retention Schedule.
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 19 April 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'sOffice.
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: [email protected]
Please contact us if you require information in another language or format