Privacy Notice - People and Development
Date of completion of this notice – November 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.
Why we process your personal information
For the purposes of employment, including pensions, termination, ill health retirement, voluntary redundancy, processing and amending contracts, managing capability and flexible working applications.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Police officers – Public task – Article 6(1)(e)
Police Scotland and SPA staff – Performance of a contract – Article 6(1)(b)
Both officers and staff etc. – Obligations of the controller in the field of employment – Article 9(2)(b)
Explicit consent – Article 9(2)(a)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Personal data includes name, date of birth, address, contact details, photograph. Vehicle registration, driving licence (if required). Rank / job title.
Special category data – race / ethnic origin, religious or philosophical beliefs, sexual orientation, health information (disabilities)
Health information
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
Police officers – results of substance misuse testing
Personal details of next of kin and / or dependants
Police Scotland identifiers
Occupational health report
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Drug testing laboratory
Officer / member of staff / agency worker / contractor
Police Scotland
Occupational health provider
Police systems
Why we process your personal information
Employment monitoring
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Consent – Article 6(1)(a)
Obligations of the controller in the field of employment – Article 9(2)(b) and explicit consent – Article 9(2)(a)
Personal and / or special category data provided by the data subject when relevant
Age, gender
Racial / ethnic origin, religious or philosophical beliefs, sexual orientation, health information (disabilities)
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
Managing the medical welfare and health of officers and staff etc. including sick absence, ill health retirement, injury on duty, fitness for task
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Obligations of the controller in the field of employment – Article 9(2)(b)
Explicit consent – Article 9(2)(a)
Personal and / or special category data provided by the data subject when relevant
Officers – Result of fitness test
Officers and staff – medical / health information
Officers and staff – medical / health information
Types of personal data when not provided by the person to whom it relates
Doctor’s details
Fit slip
Occupational health report
Source of personal data when not provided by the person to whom it relates
Officers and staff
Occupational health provider
Occupational health provider
Why we process your personal information
Managing employees in accordance with equality legislation such as adoption, maternity and paternity issues, and the provision of reasonable adjustments.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Obligations of the controller in the field of employment – Article 9(2)(b)
Explicit consent – Article 92)(a)
Personal and / or special category data provided by the data subject when relevant
Examples include: Confirmation of pregnancy or adoption. Medical / health information.
Medical / health information.
Categories of personal data when not provided by the person to whom it relates
Occupational health report
Source of personal data when not provided by the person to whom it relates
Occupational health provider
Why we process your personal information
To consider whether to approve or decline applications for business interests / secondary employment. (BISE)
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Officers – Public task – Article 6(1)(e)
Police Scotland and SPA staff – Performance of a contract – Article 6(1)(b)
Personal and / or special category data provided by the data subject when relevant
Full details of proposed business interests / secondary employment.
Categories of personal data when not provided by the person to whom it relates
Personal details of employer if applicable.
Officer only – whether a family member’s employment or business interest might interfere with their ability to impartially discharge their duties.
Source of personal data when not provided by the person to whom it relates
Officer, member of staff / agency or temporary worker or contractor.
Officer
Keeping and Sharing your Information
Category of Information
Personal and special category data listed above for purposes of employment of officers and special constables (including leavers)
Length of time we keep your information Record Retention SOP
Section – Personnel-General
Reference PER-001 to PER-005
Organisations or individuals we may share your information with
Scottish Police Authority, Scottish Government, Audit Scotland, Scott Moncrief (auditor), Health and Safety Executive, Occupational health provider.
Staff associations, employment tribunals, Abbott
Other UK forces, National Crime Agency, international police forces, British Embassies/High Commissioners, armed forces
Department for Work and Pensions, Local Authorities, Child Support Agency, Child Maintenance Service, mortgage lenders, universities and colleges, Scottish Qualifications Authority, Capita
Scottish Public Pensions Agency, Local Government Pension Scheme
Intac (flex machine provider)
Category of Information
Personal and special category data listed above for purposes of employment of Police Scotland and SPA staff (including leavers)
Length of time we keep your information Record Retention SOP
Section – Personnel-General
Reference PER-006 to PER-018
Organisations or individuals we may share your information with
Scottish Police Authority, Scottish Government, Audit Scotland, Scott Moncrief (auditor), Health and Safety Executive, Occupational health provider.
Staff associations, employment tribunals, Abbott
Other UK forces, National Crime Agency, international police forces, British Embassies/High Commissioners, armed forces
Department for Work and Pensions, Local Authorities, Child Support Agency, Child Maintenance Service, mortgage lenders, universities and colleges, Scottish Qualifications Authority, Capita
Scottish Public Pensions Agency, Local Government Pension Scheme
Intac (flex machine provider)
Category of Information
Name and PSI number
Length of time we keep your information Record Retention SOP
Section – Personnel-General
Reference PER-006
Organisations or individuals we may share your information with
Scottish Police Authority, Scottish Government, Audit Scotland, Scott Moncrief (auditor), Health and Safety Executive, Occupational health provider.
Staff associations, employment tribunals, Abbott
Other UK forces, National Crime Agency, international police forces, British Embassies/High Commissioners, armed forces
Department for Work and Pensions, Local Authorities, Child Support Agency, Child Maintenance Service, mortgage lenders, universities and colleges, Scottish Qualifications Authority, Capita
Scottish Public Pensions Agency, Local Government Pension Scheme
Intac (flex machine provider)
Category of Information
Personal and special category data listed above in accordance with equality legislation
Length of time we keep your information Record Retention SOP
Section – Personnel-General
Reference PER-002 (Officers) and PER-007 (Staff)
Organisations or individuals we may share your information with
None
Category of Information
Personal and special category data listed above for employment monitoring (including leavers)
Length of time we keep your information Record Retention SOP
Sections – Personnel Training and Personnel Recruitment
References PER-019 to PER-031
Organisations or individuals we may share your information with
None
Category of Information
Personal data relating to application for business interests / secondary employment
Length of time we keep your information Record Retention SOP
Section – Professional Standards
Reference – PST-006 to PST-008
Organisations or individuals we may share your information with
None
Category of Information
Personal and special category data relating to managing the medical health and welfare of staff
Length of time we keep your information Record Retention SOP
Section – Personnel-Occupational health
Reference PER-032
Organisations or individuals we may share your information with
Occupational health provider
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
