Proposed West Coast of Scotland Nephrops and North Sea Nephrops: Fisheries Management Plans (FMPs) - consultation

Nephrops Fisheries Management Plans Privacy Notice

This is a joint consultation between Scottish Government, Defra and the Department for Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA).

This privacy notice explains how the fisheries policy authorities (FPAs) listed above will use your data when processing consultation responses. If you have any queries about the content of this privacy notice, please email FMPs@gov.scot.

Who collects your personal data

The FPAs are joint controllers for the personal data we collect.

If you need further information about how the Scottish Government uses your personal data and your associated rights, you can contact DataProtectionOfficer@gov.scot.

The data protection officer for Defra is responsible for checking that Defra complies with legislation. You can contact them at DefraGroupDataProtectionOfficer@defra.gov.uk ,or you can contact the Defra data protection manager at data.protection@defra.gov.uk as well as the address below:

Department for Environment, Food and Rural Affairs

Seacole Building

2 Marsham Street

London

SW1P 4DF

You can contact the Welsh Government at DataProtectionOfficer@gov.wales and DAERA at dataprotectionofficer@daera-ni.gov.uk for more information on how each FPA uses your personal data.

What personal data we collect and how it is used

We collect your:

• Name
• Contact details
• Opinions
• Organisation

The FPAs use your personal data when they consult you and receive your comments and views on proposed legislation or policy on subject matters that you have indicated are of interest to you. The FPAs may contact you directly inviting you to give your comments and views in reply to a consultation exercise or you may decide to reply to a consultation exercise that you have seen on GOV.UK or elsewhere.

If you reply to a consultation exercise, your personal data will consist of your name and contact details and the opinions that you give in your reply. The FPAs will use your personal data to record your opinions and take your reply into account – as far as possible with all other replies – when decisions are being made as a result of the consultation.

Lawful basis for processing your personal data

Your consent is the lawful basis for the use of your personal data for the purpose of this consultation exercise. If the FPAs have contacted you directly to inform you of a consultation exercise, it’s because you have previously informed them that you would like to receive communications in relation to the subject matter of the consultation. Whether you received the consultation exercise directly from the FPAs or any other way, if you reply to the consultation exercise, you do so freely and voluntarily after having the opportunity to be fully informed by the consultation documents.

Withdrawing your consent

The processing of your personal data is based on consent. You can withdraw consent at any time by emailing FMPs@gov.scot. If you withdraw your consent, The FPAs will not be able to contact you about this consultation, other related consultations or the published Fisheries Management Plans (FMPs). We may still use your response to update the FMPs, but this will be anonymised and won’t be associated with your personal data.

Who we share your personal data with

As this is a joint consultation, all FPAs (the Marine Directorate in Scottish Government, Defra, the Welsh Government and the Department for Agriculture, Environment and Rural Affairs in Northern Ireland) will have access to your response and your personal data.

The FPAs will publish a summary of responses; this will not include any personal data.

Within the FPAs, your personal and identifying data will be available to teams working on the consultation. These would include the following: the policy team named in the consultation documents, the Consultation Coordinator and the team analysing the consultation responses. Your personal data will be processed by 'Citizen Space' as the chosen third-party provider for this service.

We respect your personal privacy when responding to access to information requests. We only share information when necessary to meet the statutory requirements of the Environmental Information Regulations 2004 and the Freedom of Information Act 2000.

How long we hold personal data

The FPAs will hold your personal data for up to 3 years after the end of the consultation period. Your personal data will then be redacted; the rest of the response will be kept for at least 7 years and will be appraised by our Information Appraisal team to decide if the information is of historical value. If so, it will be transferred to The National Archives for historical preservation. If not of historical value, it will be destroyed in accordance with retention schedules.

What happens if you do not provide the personal data

If you do not provide the personal data, the policy team will not be able to contact you about the Nephrops FMPs consultation or other related consultations.

Use of automated decision-making or profiling

The personal data you provide is not used for:

• automated decision making (making a decision by automated means without any human involvement)
• profiling (automated processing of personal data to evaluate certain things about an individual)

Transfer of your personal data outside of the UK

The FPAs will only transfer your personal data to another country that is deemed adequate for data protection purposes. Where necessary, the FPAs will seek assurances of appropriate safeguards where a restricted transfer is deemed essential.

Use of AI software for consultation analysis

Your responses might be processed by a third party. We may use artificial intelligence software to support our analysis process. Any external contractors employed by the Scottish Government to carry out the consultation analysis of responses, will have to demonstrate compliance at a high level with Scottish Government data protection and cyber security guidance. Any commissions using AI will go through the Scottish Government steps for due diligence around AI.

Your rights

Based on the lawful processing above, your individual rights are:

• The right to be informed
• The right of access
• The right to rectification
• The right to erasure
• The right to restrict processing
• The right to data portability

Rights in relation to automated decision making and profiling More information about your individual rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), can be found here.

Complaints

You have the right to make a complaint to the Information Commissioner’s Office at any time.

Personal information charter

Our personal information charter explains more about your rights over your personal data.