Privacy Notice - Licensing, Firearms, Civic and Liquor
Date of completion of this notice – October 2020
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.
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
Applications for a firearms license or renewal certificate
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)(g)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Name, photograph, gender, date and pace of birth, current and previous addresses, phone number, email address, height, occupation, nationality
Health information
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
Health information
Statement on likeness of applicant to photographs supplied, whether there is any reason why the applicant should not be provided with a firearms license or certificate and if there is, that reason.
Source of personal data when not provided by the person to whom it relates
Doctor
Referee
Why we process your personal information
Applications for a Snaring ID Number
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Personal and / or special category data provided by the data subject when relevant
Name, photograph, address, nationality
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
Applications for Civic Licensing and Liquor licensing
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Not applicable
Types of personal data when not provided by the person to whom it relates
Name, image, date of birth, address, phone number, email address, nationality, ID document details, driving history
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Relevant Local Authority
Why we process your personal information
Pedlar’s Certificates
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Consent – Article 9(2)(a)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Applicant
Name, image, date of birth, address, phone number, email address, nationality, ID document details, areas of operation, occupation, description of applicant and vehicle details.
Categories of personal data when not provided by the person to whom it relates
Person of Standing
Name, date of birth, address, phone number, profession
Alleged or actual offending information.
Source of personal data when not provided by the person to whom it relates
Applicant
Police systems
Keeping and Sharing your Information
Type of Information
That provided on application for firearms license – Name, image, gender, date and pace of birth, current and previous addresses, phone number, email address, height, occupation, nationality
Health information
Alleged or actual offending information
Length of time we keep your information Record Retention SOP
Section – Firearms Reference FIR-001
Organisations or individuals we may share your information with
Scottish Government, NHS, Scottish Police Authority, UK Police Forces, Forestry Commission, Oil Industry, Registered Firearms Dealers, Local Authorities, Enforcement Agencies.
Individuals named in the application form; school and appropriate adult for child applications.
Type of Information
That provided on application for snaring ID number – Name, image, address, nationality.
Length of time we keep your information Record Retention SOP
Section – Firearms Reference FIR-043
Organisations or individuals we may share your information with
Scottish Government when required.
Type of Information
That provided on application for liquor license – Name, image, date of birth, address, phone number, email address, nationality, ID document details, driving history
Alleged or actual offending information
Length of time we keep your information Record Retention SOP
Section – Licensing
Reference LIC-001 to LIC-009
Organisations or individuals we may share your information with
The Licensing Board of the Local Authorities to which the application was made.
Type of Information
That provided on application for civic license – Name, image, date of birth, address, phone number, email address, nationality, ID document details, driving history
Alleged or actual offending information
Length of time we keep your information Record Retention SOP
Section – Licensing
Reference LIC-010 to LIC-011
Organisations or individuals we may share your information with
The Licensing Board of the Local Authorities to which the application was made.
Type of Information
That provided on applications for pedlar’s certificates
Applicant
Name, image, date of birth, address, phone number, email address, nationality, ID document details, areas of operation, occupation, description of applicant and vehicle details.
Alleged or actual offending information
Person of Standing
Name, date of birth, address, phone number, profession.
Length of time we keep your information Record Retention SOP
Section – Licensing
Reference LIC-015
Organisations or individuals we may share your information with
Not applicable
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 – April 2022