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
Under paragraph 6 of Section 9 of the Code of Conduct for MSPs, certain complaints in relation to the conduct of MSPs, known as ‘Excluded Complaints’, are to be made to the SPCB.
These are the following complaints listed in paragraph 6 of Section 9 of the Code:
(c) Complaints about a Member’s use of the Reimbursement of Members’ Expenses Scheme.
(d) Complaints about Cross-Party Groups relating to the use of Parliamentary facilities and services.
(e) Complaints about use of SPCB facilities and services and breaches of SPCB policies (which do not relate to conduct at a meeting of the Parliament or at a meeting of a committee).
The SPCB will collect/use personal data for the purposes of investigating the complaint made to it, reporting on it, and handling the complaints. This includes considering existing information held, liaising with the Member being investigated and others, reporting on the matter, and referring any complaint to the SPPA Committee.
In terms of its functions under rule 6.4 of Standing Orders, the remit of the SPPA Committee is to consider and report on issues relating to Members’ conduct. It may direct the Commissioner for Ethical Standards in Public Life in Scotland to undertake an investigation into any excluded complaint.
Categories of information processed
For the purposes of investigating, reporting on, handling and considering reports into the complaint, we will process normal category data of the individual who raises the complaint, the Member who the complaint is about and third parties with information relevant to the complaint. This will include their name, contact information including telephone number, home and email address and information relating to the complaint.
Depending on the nature and circumstances of the complaint, *special category and **criminal offence data may be processed; for example, health information, information about political affiliation, and information relating to criminal offences.
*Special category data consists of information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purposes of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
**Criminal offence data consists of information about criminal convictions and offences, or related security measures.
Source of the information
The sources of information from which personal data may be provided to us include from individuals wishing to make a complaint; Parliamentary officials and staff who hold information relevant to the investigation; individuals, public bodies and other external organisations who may hold information relevant to the investigation; and Members who are under investigation. The Commissioner for Ethical Standards in Public Life in Scotland may also provide information in the form of a report to the SPPA Committee if directed to undertake investigation by that Committee.
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 for the purposes of investigation of complaints made to the SPCB, and as relevant referred to the SPPA Committee, is that it is necessary for performance of a task carried out in the public interest or in the exercise of official authority vested in the controller in terms of Article 6(1)(e) UK General Data Protection Regulation (UK GDPR) and section 8(d) of the Data Protection Act 2018 (DPA). The Code of Conduct for MSPs confers on the SPCB the function of investigating complaints made to it under paragraph 6 of Section 9. Under rule 6.4 of Standing Orders, the remit of the SPPA Committee is to consider and report on issues relating to Members conduct.
For special category data contained in complaints made to the SPCB, and as relevant referred to the SPPA Committee, processing is necessary for reasons of substantial public interest in terms of Article 9(2)(g) UK GDPR and section 10(3) DPA, and paragraph 6(2)(b), Part 2, Schedule 1, DPA. For any criminal offence data contained in complaints made to the SPCB, and as relevant referred to the SPPA Committee, the legal basis is set out in Article 10 UK GDPR and section 10(5) DPA, together with paragraph 6(2)(b), Part 2, Schedule 1, DPA.
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 section 10(2) DPA).
Data sharing
Complaints about the conduct of an MSP which are ,made to the SPCB may be shared with SPCB members, Parliamentary officials tasked with investigating the complaint and individual members of staff who hold information relevant to the complaint. We may also share information about the complaint with public bodies and other external organisations who hold relevant information in relation to the complaint and with our external legal advisers for the purposes of receiving legal advice in relation to the matter.
The SPCB may report the matter to the SPPA Committee, for it to consider and report on issues relating to Members conduct. Parliamentary officials supporting the SPPA Committee may share information with the Members of that Committee. The SPPA Committee may direct the Commissioner for Ethical Standards in Public Life in Scotland to undertake an investigation into any excluded complaint, and the Commissioner may report to the Committee accordingly.
Information provided to the SPCB or the SPPA Committee 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.
Retention of data
Personal data relating to the SPCB investigation is held securely on the Scottish Parliament IT systems. All complaints and any supporting documentation are retained until the end of the Parliamentary session in which the complaint was made plus 6 years.
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.
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
As we use your personal information to perform tasks carried out in the public interest, we will stop using that personal information if you ask us to unless there are overriding legitimate grounds to continue.
- 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.
The right of erasure does not apply where processing is necessary for performance of a task carried out in the public interest or in the exercise of official authority (as here).
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.
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.
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 5281
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