The Scottish Parliamentary Corporate Body (SPCB) is fully committed to compliance with the requirements of the General Data Protection Regulation (GDPR) which came into force on 25 May 2018 and the Data Protection Act 2018 (the DPA). Following the UK’s exit from the EU the UK adapted the GDPR and retained it as the UK GDPR.
The SPCB will follow procedures and best practice which aim to ensure that all employees, MSPs and their staff, suppliers, clients, customers, advisers and visitors to Holyrood are fully aware of our duties in line with these requirements in relation to the processing of personal data including special category data and criminal offence data and that the rights of all data subjects set out in the UK GDPR are clearly set out, transparent and are fully evidenced and auditable.
The SPCB will ensure that the rights of data subjects set out in the UK GDPR are met.
The SPCB is a data controller and a data processor. The SPCB undertakes to satisfy its duties with regard to its activities as a data controller and as a data processor and these are set out in detail in this policy.
As a data controller the Scottish Parliament and Scottish Parliamentary Corporate Body must collect and use certain types of information about individuals with whom it interacts. These may include for example current, past and prospective employees, MSPs and their staff, clients and customers, expert witnesses and advisers and others with whom it communicates. In addition it may be required to collect and use information in order to comply with the requirements of democratic processes.
Comprehensive information regarding personal data-processing undertaken by the SPCB are set out in our corporate privacy notice.
The SPCB will process all personal data according to the requirements of the UK GDPR and the DPA however it is collected, recorded and used and irrespective of its format including for example paper copies, computer records, datasets and personal data held in applications and on a wide range of devices.
The SPCB understand that privacy by design and the lawful and correct treatment of personal information is central to its successful operations and to maintaining confidence between the SPCB and those with whom we interact. We ensure that our organisation processes all personal data in a way that is lawful and correct and we fully endorse and adhere to the data protection Principles set out in the UK GDPR.
As a data processor, the SPCB undertakes to inform all stakeholders including MSPs of its obligations in relation to this activity which will be carried out and regularly reviewed in line with UK GDPR requirements.
Robin Davidson
Head of Information Governance and Data Protection Officer
Information Management and Governance Team
The Scottish Parliament
Edinburgh
EH99 1SP
Telephone: 0131 348 5281
Email: Robin.Davidson@parliament.scot
The UK GDPR regulates and protects the processing of personal data about individuals by using the law to protect our data and the way it is used by third parties and by recognising that personal data is a valuable asset which must be safeguarded and actively managed.
Article 5 of the UK GDPR sets out seven key principles which requires that personal data shall be:
“a) processed lawfully, fairly and in a transparent manner in relation to individuals;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
Article 5(2) requires that:
“the controller shall be responsible for, and be able to demonstrate, compliance with the principles.”
In order to meet the data protection principles set out in the GDPR the SPCB will:
In addition, the SPCB will ensure that:
The GDPR provides the following rights for individuals:
In order to meet these rights, the SPCB will:
All SPCB employees must comply with the guidance and standards set out in the Computer Security Policy and the Acceptable Use of IT Policy.
Read our Acceptable Use of IT Policy
The Scottish Parliament website uses Google Analytics
The information we collect is anonymous and it cannot identify an individual.
Read our cookies policy
The SPCB is listed on the public register of data controllers maintained by the UK Information Commissioner and undertakes to renew its notification every 12 months.
The Head of Information Governance is responsible for annual data protection notification on behalf of the SPCB and he will review the data protection notification regularly. Any changes to the register will be notified to the Commissioner within 28 days.