Natalie Don-Innes MSP Data Protection Privacy Notice

This the Privacy Notice of the office of Natalie Don-Innes 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: 1A Paisley Road, Renfrew PA4 8JH

Email: Natalie.don.msp@parliament.scot

Phone: 0141 587 5049

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;

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. Upon contact I may also share your information with members of my staff to ensure your case is progressed. This is considered to be normal category data under the UK GDPR.

Other personal data you may provide to me and members of staff in my constituency office 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 and members of my staff in my constituency office. 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’ catgeory 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

The legal basis

How long I retain the data

How the data may be shared

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

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.

This data will be stored for a maximum of two years or for longer if deemed necessary. However, any information held about you will be deleted upon request unless there are compelling legal reasons as to why we are unable to delete that information

Your data will be shared with any third party that is necessary in order to appropriately process your correspondence.

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.

This data will be stored for a maximum of 2 years or for longer if deemed necessary. However, any information held about you will be deleted upon request unless there are compelling legal reasons as to why we are unable to delete that information.

Your data will be shared with any third party that is necessary in order to appropriately process your correspondence.

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

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).

This data will be stored for the duration of time that Natalie Don is a MSP. However, any information held about you will be deleted upon request unless there are compelling legal reasons as to why we are unable to delete that information.

Your data will be shared with any third party that is necessary in order to appropriately process your correspondence.

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

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

Correspondence in regards to this will only be sent out whereby you have explicitly consented to receiving this information. In order to do this we would require to retain your information indefinitely

Data will be shared

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

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).

Photos and videos will be kept indefinitely. However, consent will be obtained before a photo is taken.

Data may be shared on social media channels and other media outlets.

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

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).

Throughout the recruitment process until the completion of the recruitment process.

Data will be shared with relevant stakeholders which is required to ensure recruitment process is completed correctly.

Appointment of MSP staff

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

Throughout your course of employment.

Shared as required to ensure you are able to fulfil your employment duties.

Performance of employment law rights and obligations including equality considerations

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.

Throughout the course of your employment

Shared as required to ensure you are able to fulfil your employment duties.

Making reasonable adjustments for person(s) with disabilities

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).

For as long as necessary to comply with our legal obligations.

With any stakeholder required to comply with our legal responsibilities.

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

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

For as long as necessary to asses the entitlement of benefits and thereafter if required.

With any required stakeholder to assess entitlement.

Legal disputes

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).

For as long as necessary until the resolution of dispute

With any relevant stakeholder which is required to resolve the dispute.

Surveys

(art 6(1)(e) UK GDPR)

This data will be stored for as long as deemed necessary. However, any information held about you will be deleted upon request unless there are compelling legal reasons as to why we are unable to delete that information.

With any appropriate stakeholder to action the result of the survey.

Sharing of personal data:

I 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.
Any other relevant body as required to appropriately process your enqiry

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.

I do not intend to share or process personal data in locations 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 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 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 and will place any updates on this website. Paper copies of the privacy statement may also be obtained using the contact information above.

This privacy statement was last updated on 21st May 2021.

Contact information and further advice

Email: Natalie.don.msp@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