Privacy Notice - Criminal Justice Services Division / Custody
Date of completion of this notice – October 2022
Who we are
The Police Service of Scotland is a constabulary established under the Police and Fire Reform (Scotland) Act 2012. Its headquarters is located at Tulliallan Castle, Kincardine, FK10 4BE, United Kingdom, and you can contact our Data Protection Officer by post at this address, by email at: dataprotection@scotland.pnn.police.uk, and by telephone on 101.
About this notice
This notice is to advise you (you are also referred to as the data subject) of how your personal data (information) will be dealt with (processed) by Police Scotland and your rights in relation to the processing. This notice covers information processed for a non-crime purpose.
The Chief Constable of the Police Service of Scotland is the controller of your personal information and decides the purposes for which your personal information will be processed. Police Scotland can be contacted by telephoning 101.
The information below provides details of:
- our lawful basis for processing personal information
- the types of information we may process for law enforcement purposes
- the categories of individuals affected
- the length of time we will keep the information
- who we may share it with.
Your information may be used when testing new information technology systems.
In addition to the details below, your information may also be used by Police Scotland for administrative purposes such as system testing, training and audit purposes. Where this is the case, the processing will be in accordance with the UK GDPR and Data Protection Act 2018.
Where information has been processed previously for Law Enforcement purposes, any further use will not be incompatible with the original purpose for which the information was processed, and will be authorised by law.
What is personal data?
“Personal data” is information that can identify you, for example name, address, date of birth. It also includes alleged or actual offending information when processed for non-crime purposes.
There is also another type of personal data which is called “special category personal data”. This is information which relates to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
Purpose and Lawful Basis for Processing etc.
Why we process your personal information
To ensuring the health and wellbeing of an individual whilst in custody
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Substantial public interest – Article 9(2)(c) and (g)
Explicit consent – Article 9(2)(a)
Personal and / or special category data provided by the data subject when relevant
Name, date of birth, address, contact details.
Health information.
Types of personal data when not provided by the person to whom it relates
Not applicable
Source of personal data when not provided by the person to whom it relates
Not applicable
Why we process your personal information
To refer an individual in custody to the NHS or health provider either at the request of the individual or when otherwise appropriate
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Substantial public interest – Article 9(2)(c) and/or (g)
Personal and / or special category data provided by the data subject when relevant
Name, date of birth, address, contact details.
Health information.
Types of personal data when not provided by the person to whom it relates
Not applicable
Source of personal data when not provided by the person to whom it relates
Not applicable
Why we process your personal information
To refer an individual in custody to third sector organisations e.g. drug and alcohol councillors at the request of the individual
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
Name, date of birth, address, contact details.
Health information.
Types of personal data when not provided by the person to whom it relates
Not applicable
Source of personal data when not provided by the person to whom it relates
Not applicable
Why we process your personal information
Ensuring the safety of individuals within custody by monitoring and recording CCTV
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
Visual and audio recording
Types of personal data when not provided by the person to whom it relates
Not applicable
Source of personal data when not provided by the person to whom it relates
Not applicable
Why we process your personal information
Handling reports of lost property and ensuring its return to its owner or person who found it
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Consent – Article 6(1)(a)
Personal and / or special category data provided by the data subject when relevant
Name, date of birth, address, contact details.
Types of personal data when not provided by the person to whom it relates
Not applicable
Source of personal data when not provided by the person to whom it relates
Not applicable
Keeping and Sharing your Information
Type of Information
Information relating to your health and wellbeing while in custody
Length of time we keep your information Record Retention SOP
Operations – Reference OPS-006
Organisations or individuals we may share your information with
Crown Office and Procurator Fiscal Service; (COPFS) Security contractor (for transfer to and from court)
Local authority (e.g. if the person is a child subject to a supervision order)
Type of Information
Information required for referrals to NHS, etc.
Length of time we keep your information Record Retention SOP
Operations – Reference OPS-006
Organisations or individuals we may share your information with
NHS, Healthcare provider, drug, alcohol counsellors
Type of Information
CCTV recordings
Length of time we keep your information Record Retention SOP
Operations – Reference OPS-050
Organisations or individuals we may share your information with
Police Investigations and Review Commissioner (COPFS)
Type of Information
Lost and found property records – name, DOB, address, contact details
Length of time we keep your information Record Retention SOP
Operations – Reference OPS-016 & 017
Organisations or individuals we may share your information with
None
Your Rights
You have certain rights in relation to how we process your personal information. These are listed below.
1. Right of access
You can make what is called a subject access request to us.
You are entitled to, amongst other things, a copy of the information we hold on you, although there are exceptions to this. For further information and details on how to make a subject access request please click here.
2. Right to rectification (correction)
We must correct without delay, any personal information we hold on you which is not accurate. If you think anything is wrong, you should contact us by post or e mail, where possible by completing the form on our website telling us what you think is wrong and why. There are exceptions to when we have to correct the information, and you will be advised if we have to apply them. If it is not possible to establish the accuracy of the personal information, we will restrict how we process it, for example restrict who can see your information, or who we disclose it to.
3. Right to erasure or restriction of processing
You have a right to request that we delete your personal information, but this will only be done when we are not legally required to keep it. On occasion it may be more appropriate to restrict how we process it, for example restrict who can see your information, or who we disclose it to. You can find more information on our website here.
4. Right to object
You also have the right to object to the processing we carry out, if our legal basis for doing so, (see the ‘Purpose and basis for processing’ table above), is for carrying out a task in the public interest, exercising our lawful duty or we believe it is in our legitimate interests. You can find more information on our website here.
5. Right to withdraw consent
Where we process your personal information for a particular purpose on the basis of your consent (see the ‘Purpose and basis for processing’ table above), you have the right to withdraw your consent. You can inform us of your wish to withdraw consent by contacting the department to which you originally gave the consent, or by telephoning 101.
The relevant personal data will be destroyed on receipt of the withdrawal of consent unless there is an overriding purpose for continued processing.
You can find more information on your rights here, or by email to information.assurance@scotland.pnn.police.uk.
If we refuse to carry out your requests in full under paragraphs 1 to 5 above, you have the right to ask the Information Commissioner to check whether our decision is correct.
If you are unhappy in any way with how we have dealt with your information, you have the right to complain to the Information Commissioner.
The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
Date of next review of this document – October 2023
