Privacy Notice - Vetting
Date of completion of this notice – July 2023
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.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
To undertake proactive assessments (known as Continuous Integrity Screening) to establish if there are allegations, investigations or ongoing proceedings that relate to current staff and officers of Police Scotland and staff of the Scottish Police Authority (SPA) that identify concerns regarding their integrity, so that an assessment can be made as to the impact of such report(s) upon the role and function conducted by the individual in Police Scotland/SPA.
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
Personal data Includes name, date of birth, address, previous addresses, telephone number, financial circumstances, previous police, military or government service Information relating to your character.
Any other business interests.
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
Name, date of birth, address
Criminal Activity
Allegations
Investigations
Proceedings
Source of personal data when not provided by the person to whom it relates
Credit reference check
Police systems / open sources e.g. social media / other UK police forces
Police systems / other UK police forces
Why we process your personal information
To assess and maintain the suitability, integrity and required standards of potential and current staff and officers of Police Scotland and staff of the Scottish Police Authority (SPA).
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Criminal convictions and offences – Article 10.
Personal and / or special category data provided by the data subject when relevant
None
Types of personal data when not provided by the person to whom it relates
Family / domestic circumstances, including names, addresses, dates of birth, and occupations of close family members to the applicant.
Financial details of partner where appropriate (dependant on level of vetting)
Evidence of extreme political, religious, or philosophical beliefs and behaviour incompatible with Police Scotland’s Code of Ethics
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Applicant
Credit reference check
Applicant / Police systems / other UK police forces
Applicant / Police systems / other UK police forces
Why we process your personal information
To assess and maintain the suitability, integrity and required standards of potential and current contractors, agency workers, local authority partners and independent custody visitors.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Performance of a contract – Article 6(1)(c)
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, date of birth, address, previous addresses, telephone number, and financial circumstances. Information relating to character.
Alleged or actual offending information
Categories of personal data when not provided by the person to whom it relates
Financial details
Evidence of extreme political, religious or philosophical beliefs and behaviour incompatible with Police Scotland’s Code of Ethics
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Credit reference check
Police systems / open sources e.g. social media / other UK police forces
Police systems / other UK police forces
Why we process your personal information
To assess and maintain the suitability, integrity and required standards of potential and current contractors, agency workers, local authority partners and independent custody visitors.
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
Alleged or actual offending information
Categories of personal data when not provided by the person to whom it relates
Family / domestic circumstances, including names, addresses, dates of birth, occupations of close family members to the applicant.
Financial details of partner where appropriate (dependant on level of vetting)
Evidence of extreme political, religious or philosophical beliefs and behaviour incompatible with Police Scotland’s Code of Ethics
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Applicant
Credit reference check
Applicant / Police systems / open sources e.g. social media / other UK police forces
Applicant / Police systems / other UK police forces
Keeping and Sharing your Information
Type of Information
Personal and special category data of all applicants, and friends, acquaintances and family members of applicants as listed above.
Length of time we keep your information Record Retention SOP
Section – Personnel-Vetting
Reference PER-037 to PER-046
Organisations or individuals we may share your information with
ACRO Criminal Records Office (if the applicant has lived abroad for over a year)
Scottish Government (if National Security Vetting is required)
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.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 2024
