Privacy Policy

Michael Russell MSP Data Protection Privacy Policy

This is the Privacy Notice of the office of Michael Russell MSP.

This privacy notice explains how my office collects and uses personal information about individuals.

My office address and contact details are:

Address: 81 Argyll Street, Dunoon, PA23 7DH

Email: michael.russell.msp@parliament.scot

Phone: 01369 702011

Notification:

I am registered as a data controller with the UK information Commissioner and the reference number is Z9940954

How I use your personal data:

I process any personal data under the requirements of the General Data Protection Regulation (EU) 2016/679 (the GDPR) and the Data Protection Act 2018 (the DPA)

What is personal data?

Personal data is any information from which a living individual can be identified.

I will hold all personal data securely, I will only use it for the purposes it was collected or acquired for and I will only pass it on to third parties with your consent or according to a legal obligation.

Further information about the date protection legislation and your rights is available here:

https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

Purposes and categories of processing personal data:

I collect and use personal data to fulfil the following functions and associated activities of my office;

  • to carry out casework on behalf of my constituents
  • to ten to issues and campaigns i am involved in
  • to maintain supplier relationships
  • to process expenses, accounts and associated records

If you contact me with an inquiry or a complaint, I will normally need to store your contact details to deal with your inquiry or complaint. This is considered to be “normal category data” under the GDPR.

Other personal data you may provide to me may include details about your personal and family life, social circumstances and business activities, your employment and education details, financial information or information about your housing situation etc. Depending on what views, issues or experiences you wish to discuss with me, you may be sharing “special category” data with me. For example, this could include details about race or ethnic origin, political or religious views, sex life or sexual orientation, trade union membership, physical or mental health, genetic or bio-metric data or any criminal offences.

If you are a supplier, I will normally need to store your name, contact and payment details for the purposes of the contract between us.

The legal basis for processing personal data:

Data protection law states that I must have a legal basis for handling your personal data. The permitted legal bases can be found in the GDPR and the DPA.

Casework

Where it is necessary for me to process data for the purpose of taking reasonable action on behalf of a constituent, I do not require the constituent’s consent for that processing. The legal basis for the processing is that it is necessary for a task carried out in the public interest or, as regards special category data, the substantial public interest. In particular:

  • In relation to ‘normal’ category data, the legal basis is that the processing is necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) GDPR and section 8(e) DPA). Democratic engagement covers a wide range of political activities inside and outside election periods, including but not limited to: democratic representation, communication with electors and interested parties, surveying and opinion gathering, campaigning activities activities to increase voter turnout, supporting the work of elected representatives, prospective candidates and official candidates and fundraising to support any of these activities;
  • in relation to ‘special category date’, the legal basis is that processing is necessary for reasons of substantial public interest, which includes any processing carried out by an MSP, or a person acting with their authority, for the purpose of reasonable actions taken by the MSP in response to a request by an individual to take action on their behalf (article 9 (2)(g) GDPR and paragrapgh 23 of Schedule 1 of the DPA).

Other processing activities

For other activities and functions which involve the processing of personal data, the legal basis for processing may, depending on the circumstances, be:

  • Processing necessary for a task carried out in the public interest(which includes processing necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) GDPR and section 8(e) DPA). Democratic engagement covers a wide range of political activities inside and outside election periods, including but not limited to: democratic representation, communication with electors and interested parties, surveying and opinion gathering, campaigning activities activities to increase voter turnout, supporting the work of elected representatives, prospective candidates and official candidates and fundraising to support any of these activities
  • Processing necessary for the pursuit of legitimate interests
  • Consent of the data subject (the person who the personal data relates to.)
  • Processing necessary to comply with legal obligations
  • processing necessary to protect vital interests of individuals
  • processing necessary for the performance of a contract

As for any sensitive (or ‘special category’) date, the legal basis relied upon may, depending on the circumstances, be:

  • Processing necessary to comply with legal obligations
  • Explicit consent
  • Processing necessary to protect vital interests of individuals
  • The data has been manifestly made public by the data subject
  • Processing necessary for the establishment, exercise of defence of legal claims

For further information on the legal basis for processing here:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

Categories of processing activities and corresponding legal basis:

Processing of personal data means anything from collecting, storing, using to sharing and deleting(see link above for more information).

I process personal data in the following ways:

Processing activity The legal basis How long I retain the data How the data may be shared
Receiving, storing and responding to general enquiries by letter, email or in person The processing is necessary for the performance of a task carried out in the public interest or for a legitimate interest (Article 6(1)(e) GDPR). The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest. Any personal data you provide will be held securely and will only be used for the purpose(s) you have specified – personal data provided will generally be held for a period of one year, but up to a maximum of 5 years depending on the nature and circumstances of the enquiry. Data will be shared securely and sensitively by my staff for purposes of recording enquiries, receiving further information from external agencies as necessary to respond to enquiries or resolve issues raise; along with providing support to the enquirer as relevant.

 

For clarity, your personal data will not be passed to anybody beyond the purpose(s) you have specified without your consent unless certain limited circumstances apply which legally allow this to take place.

 

This data will also be used for statistical reporting.

Receiving and storing data in relation to a personal issue or problem raised by a constituent (casework) The processing is necessary for the performance of a task carried out in the public interest or for a legitimate interest (Article 6(1)(e) GDPR).

 

The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest.

 

For special category data:

 

The processing is necessary for reasons of substantial public interest(Article 9(2)(g) GDPR and DPA Sch 1, para 23; (this covers any processing carried out by an MSP, or a person acting within their authority, for the purpose of reasonable actions taken by an MSP in response to a request by an individual to take action on their behalf).

Any personal data you provide will be held securely and will only be used for the purpose(s) you have specified – personal data provided will generally be held for a period of one year, but up to a maximum of 5 years depending on the nature and circumstances of the enquiry. Data will be shared securely and sensitively by my staff for purposes of recording enquiries, receiving further information from external agencies as necessary to respond to enquiries or resolve issues raise; along with providing support to the enquirer as relevant.

 

For clarity, your personal data will not be passed to anybody beyond the purpose(s) you have specified without your consent unless certain limited circumstances apply which legally allow this to take place.

 

This data will also be used for statistical reporting.

Collect and use data for the purpose of sending out newsletters with information about surgeries, office contact details and upcoming events and campaigns. The processing is necessary for the performance of a task carried out in the public interest (Article 6(1)(e) GDPR). Any personal data you provide will be held securely and will only be used for the purpose(s) you have specified – personal data provided will generally be held for a period of one year, but up to a maximum of 5 years. For publications I will only share personal data where I have your explicit written consent to do so. This data will be stored securely and used for the purposes of sharing via my MSP publications.
Take, store and use photos and videos in connection with my engagements and events I attend in my capacity as an MSP. The processing is necessary for the performance of a task carried out in the public interest (Article 6(1)(e) GDPR) or for the purpose of legitimate interest (Article 6(1)(f) GDPR) or the data subject has provide consent (Article 6(1)(e) GDPR). Any personal data you provide will be held securely and will only be used for the purpose(s) you have specified – personal data provided will generally be held for a period of one year, but up to a maximum of 5 years depending on the nature and circumstances of the media. This data will be stored securely and used in my MSP publications, and across my social media platforms of Facebook, Twitter and Instagram; and in MSP news releases where appropriate.

 

Where photos and personal data will be used in printed publications, this will only be done where I have your explicit written consent to do so.

Employment. Placements and Recruitment The processing is necessary for the performance of a task carried out in the public interest (Article 6(1)(e) GDPR) For employee’s data will be held during the course of employment for the fulfilment of the employment contract.

 

For former employees, data will be held for one year after contract of employment termination.

 

For placements on work experience of internships any personal data provided will be held securely generally for one year after the placement is complete.

 

For vacancy applicants, personal data will be held for 6 months after the relevant recruitment process has been completed.

 

Data will be shared securely and sensitively by my staff for purposes of fulfilling my responsibilities as an employer, and with providing placement/internship opportunities.
MSP surveys The processing is necessary for the performance of a task carried out in the public interest (Article 6(1)(e) GDPR) Any personal data you provide will be held securely and will only be used for the purpose(s) you have specified – personal data provided will generally be held for a period of one year but up to a maximum of 5 years depending on the nature and circumstances of the survey. This data will be stored securely and collated for statistical reporting for campaign activity only.

 

Sharing of personal data:

I sometimes may be required to share the personal information I hold with other individuals or organisations including for example:

  • healthcare, social and welfare organisations
  • local and central government bodies
  • educators and examining bodies
  • statutory law enforcement agencies
  • investing bodies
  • elected representatives and other holders of public office
  • financial organisations
  • crime prevention agencies and the police
  • public relations companies

Depending on the circumstances, the legal basis for sharing data with these organisations may be that:

  • the sharing is necessary for complying with a legal obligation to which I am subject (Article 6(1)(c) GDPR);
  • the sharing is necessary in order to protect vital interests of the data subject or of another person (Article 6(1)(d)); or
  • the sharing is necessary for the performance of a task carried out in the public interest or substantial public interest (Article 6(1)(e) or Article 9(2)(g) GDPR).

I may seek your prior express consent to share your personal data with any of the following:

  • employment and recruitment agencies
  • press and the media
  • family, associates and representatives of the person whose personal data I am processing
  • enquirers
  • subjects of complaints
  • political parties
  • charitable parties

The consequences of my not processing personal data are:

  • Where I am processing personal data for the performance of a contract, the consequence of not processing the personal data is that I may not be able to fulfil my obligations under the contract.
  • Where I am processing personal data in accordance with a statutory obligation, the consequence of not processing personal data may be that i am liable to regulatory fines for non-compliance with that statutory duty.

Automated data processing:

I do not use automated processing techniques to process your data.

Sharing or processing personal date outside the European Economic Area:

Please note that sending personal date outside the EEA (includes using online services, email distribution, survey software etc.) that are based outside the EEA.

I do not intend to share or process personal data in locations outside the EEA.

Retention of personal data:

I retain personal data for the period that is necessary to carry out casework on behalf of my constituents, work on issues and campaigns I am involved in, and to maintain supplier information, expense, accounts and associated records for statistical reporting reasons.

Using my website

My website uses cookies to gather information about how visitors use my website to help me improve its performance, and secondly, to improve the visitor experience when using the website by delivering pages more quickly or remembering user settings. Additionally, videos on the website may use cookies created by third-party providers such as Flash or YouTube.

The information i collect is anonymous – it cannot be used to identify you personally.

Your rights

The GDPR sets out the rights which individuals have in relation to personal information held about them by data controllers. These rights are listed below, although whether you will be able to exercise each of these rights in a particular case may depend on the purpose for which the processing takes place (see the individual privacy notices listed above for further details in relation to specific processing activities).

Deletion of your information – You have the right to ask me to delete your personal information where:

  • You consider that I no longer require the information for the purposes for which it was obtained
  • I am using the information with your consent and you have withdrawn your consent
  • You have validly objected to my use of your personal information – my use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information – You have the right at any to time to require me to stop using your personal information for direct marketing purposes. In addition, where I use your personal information to perform tasks carried out in the public interest or for a legitimate interest there are overriding legitimate grounds to continue.

Restricting how we may use your information – In some cases, you may ask me to restrict how i use your personal information. This right might apply, for example, where I am checking the accuracy of personal information about you that I hold or assessing the validity of any objection you have made to my use of your information. The right might also apply where this is no longer a basis for using your personal information but you don’t want me to delete the data. Where this right is validly exercised, I may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Withdrawing consent using your information – Where I use your personal information with your consent you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Please contact me using the contact details provided above.

Changes to my privacy statement

I keep this privacy statement under regular review and will place any updates on this website. Paper copies of the privacy statement may also be obtained using the contact information above.

This privacy statement was last updated on 25th May 2018.

Contact information for further advice

michael.russell.msp@parliament.scot

Complaints

I seek to resolve directly all complaints about how I handle personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office:

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

By phone: 0303 123 1113

By post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF