Privacy Notice - Prevent Multi-Agency Panels for Safeguarding and Wellbeing Purposes
Date of completion of this notice – April 2021
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
It is necessary for Police Scotland to process this data both for reasons of substantial public interest, and for the discharge of a statutory function which is set out in section 36 of the Counter Terrorism and Security Act 2015 to provide support for people vulnerable to being drawn into terrorism
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) / Data Protection Act 2018 for processing
Article 6(1)(e) of the UK GDPR
Substantial public interest – Article 9(2)(g) of the UK GDPR
Section 8 of the Data Protection Act 2018.
Criminal convictions and offences – Article 10 of the UK GDPR
Personal and / or special category data provided by the data subject when relevant
Name, Date of Birth, Address, Contact details
Collected only when relevant: Racial / ethnic origin, political / religious / philosophical beliefs, mental and physical health information, sex life / sexual orientation
Alleged or actual offending information
Circumstances of safeguarding referral
Types of personal data when not provided by the person to whom it relates
May be anything in previous column if the individual is unable to provide the information
Source of personal data when not provided by the person to whom it relates
Parent, guardian, carer of the individual concerned
Police systems
Relevant statutory and non-statutory Partners
Why we process your personal information
Police Scotland uses this data to:
- a) publish national statistics,
- b) policy development
- c) quality assurance
All personal data used will be anonymised before being published to ensure no person can be identified
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) / Data Protection Act 2018 for processing
Article 6(1)(e) of the UK GDPR
Section 8 of the Data Protection Act 2018.
Substantial public interest – Article 9(2)(g) of the UK GDPR
Personal and / or special category data provided by the data subject when relevant
Name, Date of Birth, Address, Contact details
Collected only when relevant: Racial / ethnic origin,
political / religious / philosophical beliefs, mental and physical health information, sex life / sexual orientation
Alleged or actual offending information.
Circumstances of safeguarding referral
Types of personal data when not provided by the person to whom it relates
May be anything in previous column if the individual is unable to provide the information
Source of personal data when not provided by the person to whom it relates
Parent, guardian, carer of the individual concerned
Police systems
Relevant statutory and non-statutory Partners
Why we process your personal information
Research for and assessment of reports, referral forms and identification of relevant information for sharing with partners.
The processing of this special category and criminal conviction data plays an important role in putting appropriate support packages in place for individuals potentially vulnerable to the risk of radicalisation and in need of support.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) / Data Protection Act 2018 for processing
Public task – Article 6(1)(e) Substantial public interest
The Data Protection Act 2018 Section 8.
Substantial public interest – Article 9(2)(g)
The Data Protection Act 2018 Section 10(1)(b) and (3) and Schedule 1 Part 2, Paragraphs 5 and 6.
Article 10
Personal and / or special category data provided by the data subject when relevant
Name, Date of Birth, Address, Contact details
Collected only when relevant: Racial / ethnic origin, political / religious / philosophical beliefs, mental and physical health information, sex life / sexual orientation
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
May be anything in previous column if the individual is unable to provide the information
Source of personal data when not provided by the person to whom it relates
Parent, guardian, carer of the individual concerned
Police systems
Relevant statutory and non-statutory Partners
Why we process your personal information
Prior to Prevent Multi Agency Panels
Prevent Multi Agency Panels
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) / Data Protection Act 2018 for processing
Article 6(1)(a) and 9(2)(a) Consent and explicit consent to receive support.
Article 6(1)(e)
Substantial public interest – Article 9(2)(g) or
Provision of health or social care Article 9(2)(h)
Article 10
Personal and / or special category data provided by the data subject when relevant
Name, Date of Birth, Address, Contact details
Racial / ethnic origin, political / religious / philosophical beliefs, mental and physical health information, sex life / sexual orientation, sex life / sexual orientation
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
May be anything in previous column if the individual is unable to provide the information
Source of personal data when not provided by the person to whom it relates
Parent, guardian, carer of the individual concerned
Police systems
Relevant statutory and non-statutory Partners
Why we process your personal information
Partner agency information requests
Child or adult safeguarding / risk management meetings.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) / Data Protection Act 2018 for processing
This will vary depending on the individual circumstances of each situation, however the likely lawful bases that may be applied are:
Vital interests – Article 6(1)(d) or
Public task – Article 6(1)(e)
Substantial public interest – Article 9(2)(g) or
Provision of health or social care – Article 9(2)(h)
Criminal conviction and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Name, Date of Birth, Address, Contact details
Racial / ethnic origin, political / religious / philosophical beliefs, mental and physical health information, sex life / sexual orientation, sex life / sexual orientation
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
May be anything in previous column if the individual is unable to provide the information
Source of personal data when not provided by the person to whom it relates
Parent, guardian, carer of the individual concerned
Police systems
Relevant statutory and non-statutory Partners
Keeping and Sharing your Information
Type of Information
Personal and special category data as detailed above.
Length of time we keep your information Record Retention SOP
Your data will be stored for 6 years from the date your case is no longer on the programme.
Following the closure of your case, all PMAP cases are reviewed at 6 months and 12 months.
You are no longer on the programme once the 12 month review is complete.
Your data will be deleted 6 years from the date of the 12 month review.
Organisations or individuals we may share your information with
Information about you may be shared with Social work,
Local NHS Board, Schools, further education colleges and universities, Youth services, Children’s and adult’s services, Public Protection services, Local authority safeguarding managers, Local authority Early Intervention Services, Home Office Immigration (Immigration Enforcement, UK Visas & Immigration), Border Force, Housing, Scottish Prison Service, Criminal justice social work,
Secure accommodation providers.
If you agree to receive support from an approved Intervention Provider, the Police or Local Authority will share relevant information about you with them. This is to enable appropriate support sessions between you and the Intervention Provider.
If you move to another area, your details will be transferred to that area.
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
