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People and Culture: Communications with former MSPs

This privacy statement explains how we collect and use personal information as a data controller for the following process: Communication with former Members of the Scottish Parliament. 

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 

We will process your personal information to  

  • contact you in relation to the winding up of your office and staff when appointment as a Member of the Scottish Parliament ceases
  • pension administration and payment
  • contact you in relation to the Former Member Association
  • contact you about upcoming events and activities being held at the Scottish Parliament which may be of interest to you

Categories of information processed

Normal category data is processed which includes:

  • title
  • name
  • date of birth
  • national insurance number
  • home address
  • email address
  • telephone number
  • bank details
  • next of kin / emergency contact details.

Source of the information 

Personal data will be provided to us directly whilst appointed as a Member of the Scottish Parliament or after appointment.  Personal data will also be provided by the pension provider when pension comes into payment.

Legal basis for processing

Data protection law states that we must have a legal basis for handling your personal data.

The legal basis for processing your personal information in relation to the winding up of your office is that the processing is necessary for a task carried out in the public interest (Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR) and section 8(d) of the Data Protection Act 2018 (DPA)). The public interest task is to assist the former Member in the winding up of their offices. 

The legal basis for contacting you for the purposes of pension administration and payment is that we have a legal obligation to pay pensions, allowances and gratuities to Members under s 81(3) of the Scotland Act 1998 and any legislation made under it. 

In relation to the Former Member Association, the legal basis is consent of the data subject in accordance with Article 6(1)(a) UK GDPR.  

In relation to events and activities the legal basis is your consent to the processing of your personal data (Article 6(1)(a) (UK GDPR)). As the legal basis for processing is your consent, please note that you can withdraw your consent at any time. 

You can find out more information withdrawing your consent on the Information Commissioner’s Office website

Data sharing

We may share your personal information with the following third parties if this is required by law:  

  • HMRC
  • banks/ building society
  • our service providers, including payroll and pension administrators, which act as our data processors
  • other third parties as necessary to comply with the law

Retention of data 

We will retain all of your personal information during your engagement until age 100 for the purposes of pension administration and to allow us to establish, exercise or defend potential legal claims.  

For the purpose(s) of contacting you about events and activities being held at the Scottish Parliament your contact details will be retained by the SPCB until you withdraw your consent.

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 3 March 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

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