Privacy Notice – Overseas Visitor Registration
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.
Much of the personal information we process is provided directly by you for the reasons below.
You are legally required to provide us with your information as an overseas visitor and if you fail to do so, it may result in a fine of up to £5000, or 6 months in prison. The Home Office may reject a visa extension.
The information below provides you with details of:
- why we process your personal information
- what our lawful basis is for processing it
- the categories of personal information we hold if not provided by you
- the source of the information if not provided by you
- whether we will use your information for any other purpose
- the length of time we will keep your information
- who we will 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
To deal with Overseas Visitor Registration
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, gender, date and place of birth, phone number, email address, nationality, marital status, occupation, photograph, employer details and employment dates, details of referee, passport details, visa details, residence permit details.
Types of personal data when not provided by the person to whom the data refers
Name and address of sponsor (where applicable)
Source of personal data when not provided by the person to whom the data refers
Overseas visitor
Keeping and Sharing your Information
Type of Information
That supplied by you when registering as an overseas visitor – Name, gender, date and place of birth, phone number, email address, nationality, marital status, occupation, photograph, employer details and employment dates, details of sponsor, passport details, visa details, residence permit details
Length of time we keep your information Record Retention SOP
Section – Intelligence-Organised Crime and Counter Terrorism Reference INT-020
Organisations or individuals we may share your information with
If you move elsewhere in the UK, we will transfer your information to the relevant UK police force.
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
