PRIVACY POLICY – MARTYN DAY MSP

Falkirk East and Linlithgow Constituency 

This privacy policy has been created in accordance with GDPR regulations. 

We take great care, to keep both confidential and secure all personal information in our possession. 

WHO ARE WE 

This is the constituency office for Falkirk East and Linlithgow   

The current member for Falkirk East and Linlithgow is Martyn Day MSP 

This office discharges the duties and functions of an Elected Member of the Scottish Parliament 

This office provides information and assistance for residents of Falkirk East and Linlithgow 

OUR LEGAL BASIS FOR PROCESSING DATA 

Processing is necessary for tasks in the public interest or exercise of authority vested in the controller, for the exercise of a function of Elected Members of the Scottish Government  

(This is the legal process for processing data by Martyn Day MSP) 

Our GDPR owner and Data Protection Representatives can be contacted directly as follows:- 

Martyn.day.msp@parliament.scot 

WHAT PERSONAL INFORMATION WE COLLECT AND WHY 

As we wish to be able to assist you as best we can, we use your personal data to provide clarification or assistance in response to your request. 

Keeping your personal information secure is very important to us, therefore we store and process your data in accordance with the high standards required under data protection legislation. 

We will use your personal data to process your enquiry which may entail contacting third party organisations. 

When you first contact Martyn Day MSP,  you must provide your Name, Address and postcode.      We require this information as Parliamentary Protocol only allows Martyn Day MSP and staff to deal with constituents of the Linlithgow and East Falkirk Constituency. 

PERSONAL DATA WHICH MAY ALSO BE REQUIRED FOR PROCESSING 

• We may also require the following information from you to process your enquiry: 

• Contact Home telephone number and/or Mobile Number –  Only if you wish to be contacted by telephone 

• Email Address  – If this is your preferred mode of communication 

• National Insurance Number – If your enquiry relates to  any agency who require this information to identify you 

• Reference numbers – If your enquiry relates to a complaint regarding an ongoing enquiry with a provider such as a utility company etc. 

• Date of Birth – This may be required if the information is relevant to the enquiry 

SPECIAL CATEGORIES OF DATA 

Where we are asking you for special categories of personal data, we will always tell you why and how this will be used.    

As special category data is more sensitive and therefore requires more protection.      

Examples of special data which for normal processing we will not require are listed below. 

HOW WE COLLECT YOUR DATA 

DISCLOSURE OF YOUR PERSONAL INFORMATION TO OTHER ORGANISATIONS 

Martyn Day MSP and staff will not pass on your personal data to third parties without first obtaining your signed or verbal consent, unless otherwise discussed, due to the urgency of the case, and in which case we will consider consent implied. 

Some third parties may require receiving your personal data, as part of our processing activities, on your behalf, depending on the nature of your enquiry.    

The list below is not exhaustive, and we may require to share information with another third party not listed. 

If this is the case, we will ask for your permission prior to contacting them. 

• Scottish Government Departments 

• MSP’s 

• Local Government 

• Councillors 

• Police 

• NHS 

• Fire Service 

• Ombudsman 

• Trade Unions 

• British or Foreign Embassies 

• Citizen advice  

• Housing Associations/Letting Agencies 

• Private Landlords 

• Public Transport 

• Charities 

• Utility Companies 

• Private Companies 

SAFEGUARDS IN PLACE TO PROTECT YOUR PERSONAL DATA  

HOW WE STORE YOUR ELECTRONIC DATA 

All electronic devices used by Martyn Day MSP and Staff have encrypted software and access restricted by secure passwords. 

All your personal data is stored electronically on a system which is GDPR compliant. 

All information you provide to us and emails are stored in our electronic casework file. 

Emails are forwarded and also stored in our electronic casework files. 

We may set up password protection on your emails, between our email address and yours if requested 

We depend on the security systems in place by the Scottish government to ensure our email system is secure. 

PAPER DATA 

If we take notes at a meeting with you these notes will be transcribed into your casework file and then shredded. 

We do not keep paper copies of correspondence except, where requested by yourself.    

If we hold paper data from your file, this will be kept in a locked drawer in the office on a temporary basis and then shredded or returned to you at the earliest opportunity. 

PHYSICAL OFFICE SECURITY 

We take physical security extremely seriously and will have the following measures in place to ensure we protect your data.  (When our office is set up) 

• Secure door entry system 

• Security alarm 

• Locked drawer 

CONSENT 

By providing us with your information, you are giving us consent to process your personal data specifically for the purposes identified.     This may require a consent form which will be sent if appropriate. 

If you require a nominee to act on your behalf we will require specific consent from yourself to discuss your case with them.       

WITHDRAWAL OF CONSENT 

You may withdraw consent at any time by the following methods. 

Email 

Martyn.Day.MSP@parliament.scot 

RETENTION PERIOD 

Martyn Day MSP and staff will process your personal data until closure of your enquiry and will store your personal data for 5 years, unless you request deletion before this period expires. 

We will periodically review your personal information to ensure that we do not keep it for longer than is necessary. 

We will review the information held by our office every time you contact the office on a different subject.  You may be asked to verify all your personal details for accuracy. 

YOUR RIGHTS AS A DATA SUBJECT AND YOUR RIGHT TO DELETE YOUR PERMISSION 

(You are the Data Subject if you are the individual we are holding information on) 

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

• Right of access – You have the right to request a copy of the information 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 – 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 to portability – You have the right to have the data we hold about you transferred to another organisation or another MSP if requested 

• Right to object – you have the right to object to certain types of processing such as direct marketing     We will never use your information for direct marketing 

• Right to object to automated processing, including profiling – You also have the right not to be subject to the legal effects of automated processing or profiling.

• Right to judicial review – In the event that Martyn Day MSP and staff refuse your request under rights of access, we will provide you with a reason as to why. 

• All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data. 

IDENTIFYING YOU AS THE DATA SUBJECT 

Martyn Day MSP and staff will accept the following forms of ID when you request access to your personal information held by us:- 

• Passport 

• Driving License  

• Birth Certificate 

• Utility Bill (from previous 3 months)  

• Photographic ID card ,eg Young Scot Card, EU National Card etc 

COMPLAINTS 

In the event that you wish to make a complaint about how your personal data is being processed by Martyn Day MSP and staff, or how your complaint has been handled you have the right to lodge a complaint directly with the supervisory authority and Martyn Day MSP as per the information below:-