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.
Type of information processed
Personal data processed consists of images of individuals.
Source of the information
The information is obtained through any individual coming into range of both internal and external camera range of the Scottish Parliament Campus.
The purpose of the processing
We will process personal data from operation of the Scottish Parliament’s Closed Circuit Television (CCTV) System. The CCTV System is used to monitor or record activities of individuals in and around the Scottish Parliament. The purpose of processing is to protect the physical environment of the Scottish Parliament; to assist in crowd control for demonstrations, protests, or major public events; to make it safe for all visitors to, and for those who work within the Scottish Parliament, all in the interests of public safety.
Where the CCTV footage incidentally captures an accident within the Parliament, we may need to consider it and share it internally and with the Health and Safety Executive (HSE), and our insurance broker / insurer for the purposes of assessing, and if necessary defending, any claim.
The legal basis of 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 a task carried out in the public interest in terms of Article 6 (1)(e) of the United Kingdom General Data Protection Regulation (UK GDPR) and section 8 (d) of the Data Protection Act 2018. Where CCTV footage captures special category data the condition for processing is in terms of Article 9(2)(g) of the UK GDPR and paragraph 6(2)(b)The task is to ensure the safety of the Scottish Parliament building and campus and all its occupants and visitors. As a publicly accessible building and outside area which attracts a great amount of public interest and activity, it is essential for the Scottish Parliament Corporate Body (SPCB), as the building’s occupier, to monitor activities in and outside the building. The building is an asset and a resource of the SPCB, and its protection is a core task of the SPCB.
For further storing of CCTV footage relating to an accident, the legal basis is that the processing is necessary for the purposes of a legitimate interest pursued by the SPCB in accordance with Article 6(1)(f) of the UK GDPR. The legitimate interest is to be able to assess, or as necessary defend, any claim. For special category data, the data processing is necessary for the defence of legal claims in accordance with Article 9(2)(f) of the UK GDPR.
Data sharing
Personal data may be shared with specific departments or individuals within the SPCB where there is justification, or where it is necessary to protect the health, safety and welfare of employees and other people under the Health and Safety at Work etc act 1974 and the Occupiers Liability (Scotland) Act 1960. The purpose of sharing is to make it safe for those who work or visit the Parliament and to effectively identify and control risk of injury or health that could arise.
Where there is a claim as a result of an accident CCTV footage of the accident containing personal data may be shared with specific departments or individuals within the SPCB where there is justification (e.g., with Facilities Management, Resilience (risk and insurance), Legal Services, People and Culture (HR)). It may also be shared externally with the HSE and with third-party insurance companies.
The process for sharing personal data will be consistent with the guiding principles and statutory requirements of the UK GDPR and the DPA.
Where necessary, and proportionate, and upon being satisfied as to the reasons for doing so the SPCB may allow access to CCTV cameras by Police Scotland for the purposes of remote monitoring of the Scottish Parliament building and campus at specific events. Where permission is given for remote monitoring in these circumstances Police Scotland will be the data controller for the personal data that is processed for the purposes of viewing the activities of individuals in the parliament building and campus with the aim of prevention or detection of unlawful acts.
Retention of data
The retention period for personal data processed by the CCTV system reflects the purpose for which it was collected, and it will not be kept for longer than is necessary to achieve this purpose.
Personal data recorded on CCTV cameras will be held on secure servers for a period of thirty-one days whereupon it is then automatically deleted. If satisfied as to the reasons for doing so, following sight of a request in writing from Police Scotland, the Scottish Parliament may save CCTV images in respect of an incident within the Parliament building and campus for use by the Crown Office and Procurator Fiscal Service in relation to criminal proceedings arising from the incident.
Where an accident has occurred within the Parliament building or campus the CCTV footage containing the personal data of the accident will be held until the end of the calendar year plus 5 years to allow for the defence of any potential future legal claims.
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.
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.
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 20 March 2024.
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