Data - Privacy Notice

1. Scope

All data subjects whose personal data is collected, in line with the requirements of the General Data Protection Regulation (GDPR). The definition of personal data, for these purposes, is:

“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

2. Responsibilities

2.1 Kenneth Gibson MSP is the Member of the Scottish Parliament for the Cunninghame North constituency. During the election period, Kenneth Gibson MSP is required to continue to undertake the core duties, functions and responsibilities of an elected Member of the Scottish Parliament, and operates an office to support his work in advocacy, assistance and support to residents of the Cunninghame North constituency.

2.2 Kenneth Gibson MSP (referred to as “he’, “him”, “we’, “our”, “us”) is designated as the Data Controller for the purposes of the GDPR. This Privacy Notice outlines how Kenneth Gibson deals with or processes information or personal data about his constituents (referred to as “you”, “your”).

2.3 Kenneth Gibson MSP is responsible for ensuring that this notice is freely available and easily accessible.

3. Privacy Notice

3.1 Who are we?

This statement applies to Kenneth Gibson MSP in relation to his work and the work of his office. The office supports Kenneth Gibson MSP in his work representing and advocating for the residents of Cunninghame North.

During the election period, Kenneth Gibson MSP can be contacted directly here:

Constituency Office: 15 Main Street, Dalry, KA24 5DL, 01294 833687

Email: kenneth.gibson.msp@parliament.scot

Website: www.kennethgibson.org

3.2 Why do we need your personal information?

As your elected representative, Kenneth Gibson MSP is only able to look into the issues and concerns you raise if he can use your personal information, in order to make enquiries of relevant agencies on your behalf. Kenneth Gibson MSP also requires your personal information in order that he and his staff can endeavour to keep you informed about the progress of any enquiries made on your behalf, and to let you with the outcome(s) of enquiries made on your behalf.

In addition, Kenneth Gibson MSP regularly hears from constituents wishing to lobby him in relation to forthcoming Scottish Parliament business, or on policy positions. Whilst pressing constituency cases remain the priority of Kenneth Gibson MSP, he nonetheless aims to deal promptly with lobbying and policy related communications from constituents and therefore requires personal information to enable him to share information and views with those concerned.

Kenneth Gibson MSP may also receive information from connected third parties, for instance relatives of those unable to make personal contact for various reasons. This information is dealt with by processing in line with the GDPR in terms of one of the legal grounds detailed below.

3.3 What personal data do we collect and process?

The personal data we would like to collect and process from you can include:

Personal data type:

Source

Where Kenneth Gibson MSP obtained the personal data from, if not been collected directly from you, the data subject.

Name

Where a full name is not provided by the constituent, details of first and surnames are obtained from the full electoral register to verify the person from whom data is being collected is resident in the Cunninghame North constituency. The full unedited electoral register is made available to MSPs to carry out the functions of their office.

Address

Email address

Telephone number(s) – this may be landline and/or mobile telephone number(s)

National Insurance Number

Date of Birth

Any other reference numbers pertinent to your enquiry

In addition to this, there may be occasions when Kenneth Gibson MSP requires to collect special categories of data in relation to you. This would be information such as your racial or ethnic origin, health information, criminal convictions or allegations of criminality. This information will only be collected if it is necessary to do so in terms of the enquiry you have raised with Kenneth Gibson MSP.

3.4 How will we use your personal data?

The personal data we collect will be used for the following purposes:

Recording of personal data on a functional database (Microsoft Dynamics 365 CRM, for more information about the system see https://dynamics.microsoft.com/en-gb/) in order to efficiently and effectively deal with enquiries made to Kenneth Gibson MSP.
Carrying out constituency casework, potentially including any or all of the following processes:
Making enquiries on your behalf when you have raised a concern or issue where you wish Kenneth Gibson MSP to take up your case with a relevant agency or body.
Updating you on the progress of enquiries which Kenneth Gibson MSP has made on your behalf.
Highlighting cases in the Scottish Parliament with the aim of effecting change to government policy.
During non-election periods, providing you with information about Kenneth Gibson MSP's position on a particular policy issues or on forthcoming debates and votes in the Scottish Parliament, when such requests have been made either directly by you as the data subject or from you as the data subject communicating through an organised lobbying campaign.

3.5 Lawful basis

The GDPR sets out a number of lawful reasons for the processing of personal data. Kenneth Gibson MSP will always process your personal data in accordance with the law. This will be on one of the following grounds:

Public Task - In accordance with the discharge of key functions of a Member of the Scottish Parliament and their office in responding to requests for assistance from you.

Vital Interests - Where a request is made by someone else (e.g. a relative acting on your behalf with your consent), data is processed in circumstances where consent cannot be given by, or expected to be obtained from, you or where obtaining such consent would prejudice actions taken by Kenneth Gibson MSP in your vital interests.

Consent - With your explicit consent. You can withdraw your consent at any time by contacting Kenneth Gibson MSP using the contact details provided above.

3.6 Disclosure

Kenneth Gibson MSP may pass your personal information or data to third party service providers in the course of dealing with your case. This could be organisations such as local authorities, government agencies, boards, and regulators, and so on. Any third parties that your data is shared with in these circumstances are obliged to keep your details securely, and to use them only to provide us with information relating to the specific enquiry you have raised with Kenneth Gibson MSP.

3.7 Retention period

Kenneth Gibson MSP will store the personal data for as long as it is required to progress enquiries made on your behalf. At the end of a five year period which is a timeframe linked to the usual length of a parliamentary term, all data held will be reviewed and data relating to constituents who have not been in contact will be securely destroyed.

In a situation where Kenneth Gibson MSP does not contest a future election, or leaves office early as a result of resignation or death, all personal data will continue to be held for two months after a new Member of Parliament is elected, during which period the office of Kenneth Gibson MSP will be wound up. During the two month winding-up period, you will be contacted for instructions on what you wish to do with your data, and unless you indicate otherwise, any data held about you will be securely destroyed at the end of the two month winding up period.

3.8 Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

Right of access – you have the right to request a copy of the information that we hold about you.

Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.

Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.

Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.

Right of portability – you have the right to have the data we hold about you transferred to another organisation.

Right to object – you have the right to object to certain types of processing such as direct marketing.

Right to judicial review: in the event that Kenneth Gibson MSP refuses your request under rights of access, you will be advised of the reason for this. You have the right to complain as outlined in section 3.9 below.

3.9 Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Kenneth Gibson MSP (or third parties as described above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and with Kenneth Gibson MSP.

The details for each of these contacts are below.

Supervisory Authority contact details:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

Telephone: 01625 545745

Email: https://ico.org.uk/global/contact-us/email/

Website: https://ico.org.uk/

Data Controller contact details:

Kenneth Gibson MSP