The SPCB processes personal data for the purposes of providing a DPO Service to Officeholder organisations supported by the SPCB. This includes providing advice and guidance to Officeholder organisations to enable them to comply with data protection requirements in terms of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). In the provision of this service, we may process personal data for the following purposes including:
Normal category data such as names, addresses and telephone numbers.
Special category data as defined by the UK General Data Protection Regulation.
Special category data applies to personal data revealing:
Information is provided to the Data Protection Officer service from Officeholder organisations seeking advice and guidance from the DPO in terms of Article 39 of the UK GDPR. We may also receive personal data from individuals contacting the DPO directly in relation to data protection matters.
Data protection law states that we must have a legal basis for handling your personal data. The legal basis for processing of personal data for the purposes of providing DPO Services are as follows:
The processing is necessary for the performance of a contract in terms of Article 6(1)(b) of the UK GDPR as set out in the Memorandums of Understanding between the SPCB and Officeholder organisations.
The processing is necessary for compliance with a legal obligation in terms of Article 6(1)(c) which relates to the DPO role and is necessary for compliance with a legal obligation.
The processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority of the SPCB in terms of Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR).
The processing is necessary for the purposes of the legitimate interests pursued by the SPCB or by a third party in terms of Article 6(1)(f) of the UK GDPR, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the date subject is a child. This applies to the processing of personal data for the purposes of giving independent advice and guidance where this does not override the rights and freedoms of an individual.
For the processing of any special category data the applicable condition for processing is in terms of Article 9(2)(g) of the UK GDPR where the processing is necessary for reasons of substantial public interest and paragraph 6(2)(a) of Part 2 to Schedule 1 of the Data Protection Act 2018.
Information received for the purposes of providing the DPO Service is handled confidentially. Where the DPO is contacted by an individual or organisation in respect of the services provided by an Officeholder organisation for example in response to an enquiry or a request or in relation to a data protection complaint we may share personal data with the Officeholder organisation involved for the purposes of responding to the enquiry or request or complaint. The DPO may also forward correspondence to the Officeholder organisation it relates to for them to respond to the data subject directly.
We may also share personal data with legal advisers for the purposes of obtaining legal advice where necessary.
Personal data may also be shared with the Information Commissioner’s Office in relation to any regulatory matters involving them.
Personal data received by the DPO Service for the purposes of providing advice and guidance on data protection requirements (including responding to enquiries, requests and data protection complaints) will be held for no longer than is necessary for the purposes of the processing and for a period of up to one year.
In line with the principles underlying the National Guidance for Child Protection in Scotland, 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.
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:
You have the right to request a copy of the personal information about you that we hold.
See information on how to make a data protection subject access request
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.
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 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.
You have the right to ask us to delete personal information about you where:
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.
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.
Please contact us in any of the ways set out below if you wish to exercise any of these rights.
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 14 September 2026.
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 and Data Protection Officer at:
The Scottish Parliament
Edinburgh
EH99 1SP
If you are unhappy with the way that we have handled your personal information you can make a complaint to the Information Governance Team of the Scottish Parliament at the following address: [email protected]. We will respond to your complaint without undue delay and within one month. If, having made a complaint, you are still unhappy with the way your personal information has been handled, you can make a complaint to the Information Commissioner’s Office.