Privacy Policy

Angus Robertson MSP Data Protection Privacy Notice

This the Privacy Notice of the office of Angus Robertson, Member of the Scottish Parliament (MSP).
This privacy notice explains how my office collects and uses personal information about individuals.
My office address and contact details are:
Address: The Scottish Parliament, Edinburgh EH99 1SP
Email: Angus.Robertson.MSP@parliament.scot
Phone: 0131 348 5125

Notification:
How I use your personal data:

I process any personal data under the requirements of the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the DPA).

What is personal data?

Personal data is any information from which a living individual can be identified.
I will hold all personal data securely, I will only use it for the purposes it was collected or acquired for and I will only pass it on to third parties with your consent or according to a legal obligation.
Further information about the data protection legislation and your rights is available here:
https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

Purposes and categories of processing personal data:

I collect and use personal data to fulfil the following functions and associated activities of my office:

  • to carry out casework on behalf of my constituents;
  • to tend to issues and campaigns I am involved in;
  • to maintain supplier relationships;
  • to process expenses, accounts and associated records;
  • to process personal information related to employment of MSP staff including recruitment, employee relations and associated responsibilities;
  • to ensure the security of my office.

If you contact me with an inquiry or a complaint, I will normally need to store your contact details to deal with your inquiry or complaint. This is considered to be normal category data under the UK GDPR.
Other personal data you may provide to me may include details about your personal and family life, social circumstances and business activities, your employment and education details, financial information or information about your housing situation etc. Depending on what views, issues or experiences you wish to discuss with me, you may be sharing special category data with me. For example, this could include details revealing race or ethnic origin, political or religious views, sex life or sexual orientation, trade union membership, physical or mental health, genetic or biometric data or any criminal offences.

If you are a supplier, I will normally need to store your name, contact and payment details for the purposes of the contract between us.

In relation to the recruitment of candidate(s) and employment of MSP staff I may process the following personal information:

  • Assess your suitability for a job vacancy;
  • Contact you in relation to your application for employment;
  • Process your application for employment;
  • Make a decision about your recruitment or appointment;
  • Process your contract of employment;
  • Provide and process payments and benefits to you (including complying with pension auto-enrolment obligations, liaising with your pension provider and determining pension eligibility) and, if applicable, deduct tax and national insurance and any arrestment of earnings order;
  • Handle any disputes that may arise out of or in the context of your employment;
  • Details of trade union membership;
  • Arrange access to learning and development resources;
  • Assess entitlement to certain benefits such as Childcare vouchers and the cycle to work scheme;
  • Provide adjustments to someone with a disability in line with legal obligations under the Equality Act 2010;
  • Protect your vital interests or those of another person (in exceptional circumstances, such as a medical emergency); and
  • Exercise or perform employment law rights and obligations and review equality of opportunity or treatment.

The legal basis for processing personal data:

Data protection law states that I must have a legal basis for handling your personal data. The permitted legal bases can be found in the UK GDPR and the DPA.

Casework

Where it is necessary for me to process data for the purpose of taking reasonable action on behalf of a constituent, I do not require the constituent’s consent for that processing. The legal basis for the processing is that it is necessary for a task carried out in the public interest or, as regards special category data, the substantial public interest. In particular:

  • In relation to ‘normal’ category data, the legal basis is that the processing is necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) UK GDPR and section 8(e) DPA). Democratic engagement covers a wide range of political activities inside and outside election periods, including but not limited to: democratic representation, communicating with electors and interested parties, surveying and opinion gathering, campaigning activities, activities to increase voter turnout, supporting the work of elected representatives, prospective candidates and official candidates and fundraising to support any of these activities;
  • In relation to ‘special category data’, the legal basis is that the processing is necessary for reasons of substantial public interest, which includes any processing carried out by an MSP, or a person acting with their authority, for the purpose of reasonable actions taken by the MSP in response to a request by an individual to take action on their behalf (Article 9(2)(g) UK GDPR and paragraph 23 of Schedule 1 of the DPA).

Referral of Casework to Committees

  • Where I am engaged in constituency casework that raises matters relevant to the work of a Scottish Parliament Committee, I may share your personal contact details to the relevant Committee clerk. The Committee clerk may then contact you when this is a reasonable response to your concern.
  • The legal basis for that the processing is necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) UK GDPR and section 8(e) DPA).

You can find out more about how Committees collect and use personal information about individuals here:
Privacy Notice – Submitting your views to a Committee

Other processing activities

For other activities and functions which involve the processing of personal data, the legal basis for processing may, depending on the circumstances, be:

  • Processing necessary for a task carried out in the public interest (which includes processing necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) UK GDPR and section 8(e) DPA). Democratic engagement covers a wide range of political activities inside and outside election periods, including but not limited to: democratic representation, communicating with electors and interested parties, surveying and opinion gathering, campaigning activities, activities to increase voter turnout, supporting the work of elected representatives, prospective candidates and official candidates and fundraising to support any of these activities;
  • Processing necessary for the pursuit of legitimate interests;
  • Consent of the data subject (the person who the personal data relates to.);
  • Processing necessary to comply with legal obligations;
  • Processing necessary to protect vital interests of individuals; and/or
  • Processing necessary for the performance of a contract.

As for any sensitive (or special category) data, the legal basis relied upon may, depending on the circumstances, be:

  • Processing necessary to comply with legal obligations;
  • Explicit consent;
  • Processing necessary to protect vital interests of individuals;
  • The data has been manifestly made public by the data subject; and/or
  • Processing necessary for the establishment, exercise or defence of legal claims.

Categories of processing activities and corresponding legal basis:

Processing of personal data means anything from collecting, storing, using to sharing and deleting (see link above for more information).
I process personal data in the following ways:

Processing activity

Receiving, storing and responding to general enquiries by letter, email or in person

The legal basis

The processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (article 6(1)(e) UK GDPR). The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest.

How long I retain data

Data may be held for the duration of my term in office, in case of any recurrence. After that, closed cases will be deleted. Data will be held electronically on an encrypted casework system and password-protected Scottish Parliament computers. Incoming letters will be securely shredded once scanned onto the casework system.

How data may be shared

The data may be shared with external organisations such as the Scottish Government, local authorities, health boards, police, companies or other associations as required to deal with the case. Information may be shared by letter, telephone or e-mail.

Processing activity

Receiving, storing and responding to complaints by letter, email or in person

The legal basis

The processing is necessary for the performance of a task carried out in the public interest (article 6(1)(e) UK GDPR). The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest.

How long I retain data

Data may be held for the duration of my term in office, in case of any recurrence. After that, closed cases will be deleted. Data will be held electronically on an encrypted casework system and password-protected Scottish Parliament computers. Incoming letters will be securely shredded once scanned onto the casework system.

How data may be shared

The data may be shared with external organisations such as the Scottish Government, local authorities, health boards, police, companies or other associations as required to deal with the case. Information may be shared by letter, telephone or e-mail.

Processing activity

Receiving and storing data in relation to a personal issue or problem raised by a constituent (casework)

The legal basis

The processing is necessary for the performance of a task carried out in the public interest (article 6(1)(e) UK GDPR). The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest.
For special category data:
The processing is necessary for reasons of substantial public interest (article 9(2)(g) UK GDPR and DPA Sch 1, para 23; (this covers any processing carried out by an MSP, or a person acting with their authority, for the purpose of reasonable actions taken by an MSP in response to a request by an individual to take action on their behalf).

How long I retain data

Data may be held for the duration of my term in office, in case of any recurrence. After that, closed cases will be deleted. Data will be held electronically on an encrypted casework system and password-protected Scottish Parliament computers. Incoming letters will be securely shredded once scanned onto the casework system.

How data may be shared

The data may be shared with external organisations such as the Scottish Government, local authorities, health boards, police, companies or other associations as required to deal with the case. Information may be shared by letter, telephone or e-mail.

Processing activity

Collect and use data for the purpose of sending out newsletters with information about surgeries, office contact details and upcoming events and campaigns

The legal basis

The processing is necessary for the performance of a task carried out in the public interest (article 6(1)(e) UK GDPR).

How long I retain data

Data may be stored for the duration of my term in office, then deleted.

How data may be shared

The data may be shared with an external mailing company based in the EEA.

Processing activity

Take, store and use photos and videos in connection with my engagements and events I attend in my capacity as an MSP.

The legal basis

The processing is necessary for the performance of a task carried out in the public interest (article 6(1)(e) UK GDPR) or for the purpose of a legitimate interest (article 6(1)(f) UK GDPR) or the data subject has provided consent (article 6(1)(e) UK GDPR).

How long I retain data

No longer than is necessary in connection with the event.
Photos will be held electronically on password-protected Scottish Parliament computers.

How data may be shared

Photos and videos may be uploaded to social media platforms, printed in newsletters or circulated to newspapers.

Processing activity

Record voice messages on a voicemail system

The legal basis

The processing is necessary for the performance of a task carried out in the public interest (article 6(1)(e) UK GDPR) or for the purpose of a legitimate interest (article 6(1)(f) UK GDPR).

How long I retain data

Voice messages will be stored in the telephone’s memory for up to a month before being deleted, or longer if messages need to be kept for security purposes.

How data may be shared

Messages may be shared with other Scottish Parliament departments, the police and courts in the event of offensive communications.

Processing activity

Employment-related processing for the purposes of staff recruitment, including pre-employment checks

The legal basis

This processing is necessary for legitimate interests of the MSP (as a prospective employer), to select a suitable employee for an advertised position (article 6(1)(f) UK GDPR).

How long I retain data

Data will be retained only until the recruitment is complete, then deleted.

How data may be shared

Data will not be shared outwith my office.

Processing activity

Appointment of MSP staff

The legal basis

The processing is necessary for the performance of a contract (article 6(1)(b) UK GDPR)

How long I retain data

Data will be stored for the duration of my term of office.

How data may be shared

Data will be shared with other Scottish Parliament departments; some may be shared with previous or future employers for the purpose of references.

Processing activity

Performance of employment law rights and obligations including equality considerations

The legal basis

The processing is necessary for reasons of substantial public interest (article 9(2)(g) UK GDPR and paragraph 8, part 2, schedule 1 of the DPA) as the processing is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatments between groups of people with a view to enabling such equality to be promoted and maintained.

How long I retain data

Data will be stored for the duration of my term of office.

How data may be shared

Data may be shared with other Scottish Parliament departments.

Processing activity

Making reasonable adjustments for person(s) with disabilities

The legal basis

The processing of special category data is necessary to comply with our legal obligations under the Equality Act 2010 (article 9(2)(g) UK GDPR, s10(3) and para 6(1), 2(a) of Part 2, Schedule 1 to the DPA).

How long I retain data

Data will be stored for the duration of my term of office.

How data may be shared

Data may be shared with other Scottish Parliament departments and the office landlord.

Processing activity

Assessment of entitlement to benefits such as Childcare vouchers and the cycle to work scheme.

The legal basis

The processing is authorised by the consent of the data subject (article 6 (1)(a) UK GDPR).

How long I retain data

Data will be stored for the duration of my term of office.

How data may be shared

Data may be shared with other Scottish Parliament departments and benefits departments.

Processing activity

Legal disputes

The legal basis

The processing of special category data may also be necessary for legitimate interests (article 6(1)(f) UK GDPR and article 9(2)(g) UK GDPR and paragraph 33 of Part 3, Schedule 1 to the DPA).

How long I retain data

Data will be stored for the duration of my term of office.

How data may be shared

Data may be shared with other Scottish Parliament departments, lawyers and courts.

Processing activity

Carrying out surveys of constituents’ opinions

The legal basis

The processing is necessary for the performance of a task carried out in the public interest (article 6(1)(e) UK GDPR).

How long I retain data

Data may be stored for the duration of my term in office, then deleted.

How data may be shared

Data may be shared with stakeholders such as the local authority responsible for the issue, and an external survey provider.

Sharing of personal data:

AI sometimes may be required to share the personal information I hold with other individuals or organisations including for example:

  • healthcare, social and welfare organisations;
  • local and central government bodies;
  • educators and examining bodies;
  • statutory law enforcement agencies;
  • investigating bodies;
  • elected representatives and other holders of public office;
  • financial organisations;
  • crime prevention agencies and the police;
  • companies providing services to you or to the public.

Employment and pensions

In connection with employment as MSP staff, your personal data may be shared your personal information with the following third parties if this is required for performance of duties or by law:

  • HMRC;
  • Banks/Building society;
  • Our service providers, including IT service providers; payroll and pension administrators; and those involved in providing benefits in connection with your appointment, such as for example childcare vouchers.
  • Health professionals and occupational health providers involved in your care;
  • Audit (internal and external);

Other third parties as necessary to comply with the law. The SPCB will act as a data processor in order to provide third party pension scheme providers with the home address details of MSP staff in order that MSP staff may enrol on the scheme and receive information from the provider.
The current pension scheme provider is Aviva and their privacy notice is available here:
https://www.direct.aviva.co.uk/MyAccount/Public/MyAvivaPrivacyNotice

Depending on the circumstances, the legal basis for sharing data with these organisations may be that:

the sharing is necessary for complying with a legal obligation to which I am subject (Art 6(1)(c) UK GDPR);

  • the sharing is necessary in order to protect the vital interests of the data subject or of another person (Art 6(1)(d));
  • the sharing is necessary for the performance of a task carried out in the public interest or substantial public interest (Art 6(1)(e) or Art 9(2)(g) UK GDPR);
  • The sharing is necessary for the pursuit of a legitimate interest (Art 6(1)(f) UK GDPR); or
  • the sharing is necessary for the performance of a contract (Art 6(1)(b) UK GDPR).

I may seek your prior express consent to share your personal data with any of the following:

  • employment and recruitment agencies;
  • press and the media;
  • family, associates and representatives of the person whose personal data I am processing;
  • enquirers;
  • subjects of complaints;
  • political parties;
  • charitable bodies.

The consequences of my not processing personal data are:

  • where I am processing personal data for the performance of a contract, the consequence of not processing the personal data is that I may not be able to fulfil my obligations under that contract;
  • where I am processing personal data in accordance with a statutory obligation, the consequence of not processing personal data may be that I am liable to regulatory fines for non-compliance with that statutory duty.

Automated data processing:

I do not use automated processing techniques to process your data.

Sharing or processing personal data outside the European Economic Area:

Please note that sending personal data outside the EEA includes using online services (email distribution, survey software etc.) that are based outside the EEA.

Retention of personal data:

I retain personal data for the period that is necessary to carry out casework on behalf of my constituents, work on issues and campaigns I am involved in, and to maintain supplier information, expenses, accounts and associated records.
In relation to employment as a member of staff working for an MSP we will retain all of your personal information during your engagement up until age 100 for the purposes of pension administration and to allow us to assist the employing MSP to establish, exercise or defend legal claims.

Your rights

The UK GDPR sets out the rights which individuals have in relation to personal information held about them by data controllers. These rights are listed below, although whether you will be able to exercise each of these 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 (see the individual privacy notices listed above for further details in relation to specific processing activities).

Access to your information – You have the right to request a copy of the personal information about you that I hold.
Correcting your information – I want to make sure that your personal information is accurate, complete and up to date and you may ask me to correct any personal information about you that you believe does not meet these standards.
Deletion of your information – You have the right to ask me to delete personal information about you where:

  • You consider that I no longer require the information for the purposes for which it was obtained.
  • I am using that information with your consent and you have withdrawn your consent.
  • You have validly objected to my use of your personal information – my use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information – You have the right at any time to require me to stop using your personal information for direct marketing purposes. In addition, where I use your personal information to perform tasks carried out in the public interest or for a legitimate interest then, if you ask me to, I will stop using that personal information unless there are overriding legitimate grounds to continue.
Restricting how we may use your information – in some cases, you may ask me to restrict how I use your personal information. This right might apply, for example, where I am checking the accuracy of personal information about you that I hold or assessing the validity of any objection you have made to my 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 me to delete the data. Where this right is validly exercised, I 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 I 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 me using the contact details provided above.

Changes to my privacy statement

I keep this privacy statement under regular review. Paper copies of the privacy statement may also be obtained using the contact information below.
This privacy statement was last updated on 24th September 2021.

Contact information and further advice

Sheena Cleland, Office Manager, sheena.cleland@parliament.scot

Complaints

I seek to resolve directly all complaints about how I handle personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office:
Online: https://ico.org.uk/global/contact-us/email/
By phone: 0303 123 1113
By post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF