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Non-Government Bills Unit: Private or Hybrid Bills: Objections

This privacy statement explains how we collect and use personal information as a data controller for the following process: Objections to Private and Hybrid Bills, and objections  to amendments to Private and Hybrid Bills.

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 use names, addresses, email addresses and telephone numbers for the purposes of contacting you about the content of your objection, or to provide information or advice on parliamentary procedure or the Private or Hybrid Bill’s progress.

If your objection is considered to be admissible, we will publish your name, as an objector to the Private or Hybrid Bill. We will also publish your objection and distribute copies to premises where it may be inspected by the public.

The version of the objection that is published and distributed will include your name, but no other personal data supplied with it (such as address and contact details). It may include any personal data, including special categories of personal data, that you decide to include as part of the objection itself. 

If we consider that your objection contains any defamatory or abusive material, or any statements about another person which constitute special categories of personal data about that person or may identify that person (unless the objection is accompanied by evidence that the person consents to the statement being made) we may contact you and invite you to amend the objection and/or may have that data or material redacted before the objection is published.

The categories of information processed 

The lodging of objections is a public process and you are required to provide a certain amount of personal data with your objection. This includes your name and address and, where available, other contact details, plus the name and designation of anyone signing the objection on your behalf. This is known as normal category data. Each objection must be signed. 

In addition, you may decide to include personal data, including *special category personal data, in the content of your objection. 

Special category personal 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

Personal data is provided to us directly by anyone lodging an objection to a Private or Hybrid Bill or lodging an objection to an amendment to a Private or Hybrid Bill.

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 the performance of a task carried out in the public interest (for normal category data) or for reasons of substantial public interest (for special category data) in accordance with Article 6(1)(e) UK GDPR and section 8(d) of the Data Protection Act 2018 (DPA) (for normal category data) or Article 9(2)(g) UK GDPR and section 10(3) and paragraph 6(2)(b), part 2, schedule 1 to the DPA (for special category data). The task is facilitating effective scrutiny of a Private or Hybrid Bill, or amendment to such a Bill, including consideration of objections by anyone who believes that the Bill or amendment would adversely affect their private interests. For full and effective scrutiny of a Bill, the SPCB must be able to consider opinions by the public which are supported by information that contains special category data. Therefore, the processing of special category data is in the substantial public interest.

For the transfer of data to the National Records of Scotland as set out below, the legal basis is that it is necessary for archiving purposes in the public interest (Article 6(1)(e) UK GDPR and section 8(d) DPA or Article 9(2)(j) UK GDPR and section10(2) and paragraph 4(a), part 1, schedule 1 to the DPA).

If the objector is under the age of 12 then consent from the parent or guardian of the young person will be required to allow the young person to object (however, the legal basis for the processing of the personal data submitted remains as the public interest task basis identified above).

Data sharing

The personal data supplied with your objection is shared internally with other departments within the Scottish Parliament where necessary. We may also share that data with Members of the Private or Hybrid Bill Committee, and with an assessor (if relevant), for the purpose of progressing consideration of the Private or Hybrid Bill and objections to it.

We may share that personal data with other objectors or the promoter of the Private Bill (or their agents) (note that in the case of a Hybrid Bill, “the promoter” means the Scottish Government, and “agents” means civil servants) but only with your express consent.

Retention of data

Personal information is held securely on Scottish Parliament IT systems or in dedicated hard copy storage.

Contact details will be retained as follows:

If the Private Bill receives Royal Assent, or if the Bill is withdrawn or rejected, or if your objection is withdrawn, this personal data will be deleted as soon as possible after that.

If the Bill falls at the end of the session, personal data will be retained until the end of the period allowed under the Parliament's standing orders for a new Private or Hybrid Bill to be introduced in the next session. If no such Bill is introduced, the data will be destroyed as soon as possible thereafter. If a new Bill is introduced, the data will continue to be retained until (a) that Bill receives Royal Assent, is rejected or withdrawn, in which case it will be destroyed as soon as possible thereafter, or (b) that Bill falls at the end of the session, in which case it will again be retained as already described.

Personal information collected as part of the bill process forms part of the public record, will be retained in accordance with the Scottish Parliament records management policy and may be transferred to the Scottish Parliament archive at the National Records of Scotland where it will be publicly available.

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 23 June 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

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