Complaints about use of resources under the Reimbursement of Members’ Expenses Scheme

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

During the course of our work we collect/use personal data for the purposes of considering complaints raised about the use of resources under the Reimbursement of Members’ Expenses Scheme and responding to complainers about their complaints.

Categories of information processed 

Normal category data is processed which includes your name, address, telephone number and email address: The data is processed for:

Any individual who raises a complaint about the use of resources under the Members’ Expenses Scheme.

Source of the information

Personal data is provided to us directly from individuals wishing to make a complaint (known as data subjects) through:

Their complaint in either hard copy or electronic format.

The legal basis of processing

In terms of the UK General Data Protection Regulation (UK GDPR) we must have a legal basis for processing personal data (including normal and special category data). To process special category data, we also require a separate condition for processing and, where applicable, a public interest condition in terms of Part 2, Schedule 1 to the Data Protection Act 2018 (DPA).

The processing is necessary as part of our function in the payment and governance of expenses under the Members’ Expenses Scheme. The legal basis for the processing of personal data is that it is necessary for the performance of a task carried out in the public interest in terms of Article 6 (1)(e) and section 8(d) DPA.

Data sharing

Where necessary, personal data is shared internally within the Scottish Parliamentary Service.

Retention of data

Personal information is held securely on Scottish Parliament IT systems. All complaints and any supporting documentation are retained till the end of the Parliamentary session in which the complaint was made plus 6 years, in accordance with the Scottish Parliament records management policy.

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. For further information, have a look at our page on Making a 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 10 August 2021.

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

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: dataprotection@parliament.scot

Please contact us if you require information in another language or format