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.
Purpose of Processing
The Non-Government Bills Unit (NGBU) may approach third parties to ask whether they have any information or wish to express an opinion, that may either assist in the development of a proposal or a Bill or contribute to the work of the Non-Government Bills Unit (such as improving our procedures). This may prompt third parties to contact the Scottish Parliament with information or views. Third parties may also contact the Scottish Parliament with information or opinion unprompted. This privacy notice explains how we deal with any related personal information (known as personal data) connected with this correspondence.
Categories of information processed
If you send correspondence to the Non-Government Bills Unit we will process the contact information which you have included. This is known as normal category data and includes your name, address, phone number and email address.
There may be circumstances where the NGBU will receive special category data although we would normally expect that as far as possible this information be anonymised.
Special category 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.
Source of the Information
This information is received from correspondence which may be provided to the Non-Government Bills Unit by third parties wishing to give information or express an opinion in relation to the development of a proposal or a Bill or contribute to the work of the NGBU.
Legal basis for processing
Data protection law states that we must have a legal basis for handling your personal data. The legal basis for collecting and storing your personal data is that the processing is necessary for the performance of a task carried out in the public interest in terms of Article 6(1)(e) UK GDPR and section 8(d) DPA. The task is to inform and support the Non-Government Bills Unit which is a task carried out in the public interest. NGBU will only process special category data where it is necessary for the current Bill work and where there is a substantial public interest to do so in accordance with Article 9(2)(g) UK GDPR, section 10(3) DPA and paragraph 6(2)(b), Part 2, Schedule 1 to the DPA. NGBU will consider this on a case by case basis.
Data sharing
The sharing of correspondence that we receive from third parties will depend on its nature and content. We may share the correspondence with other Scottish Parliament staff and with parliamentary drafters and/or with MSPs and their staff. Depending on the context, we may publish a document (e.g. a Policy Memorandum for a Bill) that relies on or uses information or views we have gained from correspondence. Where we receive unprompted information, we will inform the submitter what we plan to do with the information by sending them our privacy notice which is accessible online.
Retention of data
Personal information is held securely on Scottish Parliament IT systems or in dedicated hard copy storage. The retention of correspondence that we receive from third parties will depend on its nature and content. We will usually retain correspondence until the end of the parliamentary session, then delete it, although correspondence may be retained for longer if still relevant to ongoing business.
Correspondence may form part of the public record. Personal information contained within a public record will be retained in accordance with the Scottish Parliament records management policy and may be transferred to the Scottish Parliament archive at National Records of Scotland where it will be publicly available.
Freedom of Information
The Parliament is covered by the Freedom of Information (Scotland) Act 2002. This affects the way that we deal with your correspondence. In particular, you should be aware that if we receive a request for information under the Freedom of Information (Scotland) Act 2002, we may be required legally to release any correspondence which you have sent us.
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.
For 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 22 January 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's Office.
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