Information rights: Freedom of Information request handling

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.

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The purpose of the processing

The data is processed for the purpose of being able to reply to freedom of information requests and to follow up on any associated further questions, reviews or appeals from the requester or from the office of the Scottish Information Commissioner. 

Categories of information processed

Normal category’ data including names, addresses and telephone numbers together with some other biographical information depending on the request. 

Source of the information

Personal data is provided to us directly from requesting individuals.

Legal basis for data processing

This processing is necessary for a task carried out to fulfil a statutory obligation (Article 6(1)(c) UK GDPR): to comply with requirements of the Freedom of Information (Scotland) Act 2002 for the initial holding and internal sharing of the request and the drafting of the response up to the end of the review/appeal process where applicable.  

Consequences of not providing personal data 

If processing did not take place, the SPCB’s statutory obligation to respond to freedom of information requests within the prescribed deadline would not be met.

Data sharing

The personal data is shared internally with other departments within the Scottish Parliament where necessary.

Where the requester appeals the decision of the SPCB, the data will be shared with the Scottish Information Commissioners Office in line with statutory obligations. 

Retention of data

This personal data is retained in electronic format for three years. In the case of an appeal to the Scottish Information Commissioner, information relating to the request would be retained for 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, although whether you will be able to exercise data subject rights in a particular case may depend 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 apply:

Access to your information

You have the right to request a copy of the personal information about you that we hold. For further information, have a look at our page on Making a Subject Access Request.

Correcting your information

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 this 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 purpose(s) for which consent was given.

Please contact us in any of the ways set out in the Contact information and further advice section 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 8 November 2023. 

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

(Calls are welcome through the Text Relay service or in British Sign Language through Contact Scotland 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