Eljamel Inquiry: Scottish Government response team privacy notice

Who we are

We are the Health and Social Care Directorate of the Scottish Government. Our head office is located at St Andrew’s House, Regent Road, Edinburgh, EH1 3DG.

The Scottish Government is participating in the Eljamel Public Inquiry as a Core Participant and is a separate data controller from the Inquiry.

For information about how the Inquiry processes personal data, please refer to the Inquiry’s own privacy policy, which also provides direct contact details for any data-related queries specific to the Inquiry: Privacy policy | The Eljamel Inquiry

What personal information do we collect and why do we need it?

In the course of preparing for and participating in the Inquiry, we may process:

• Names, job titles, and contact details of individuals acting on behalf of the Scottish Government.
• Internal correspondence and submissions prepared for the Inquiry.
• Personal data included in records relevant to the Scottish Government’s role, where necessary to fulfil our responsibilities as a Core Participant.

This information is needed to support the Scottish Government’s role in the Inquiry, including responding to requests for information, managing legal instructions, and ensuring appropriate representation.

What is our lawful basis?

The lawful basis for processing your personal data is:

• UK GDPR Article 6(1)(e) – the processing is necessary for the performance of a task carried out in the public interest. This task is carried out under the Inquiries Act 2005, which underpins the Scottish Government’s role in responding to the Eljamel Public Inquiry.

Where special category data is processed, the legal basis is:

• UK GDPR Article 9(2)(g) – the processing is necessary for reasons of substantial public interest, under the Data Protection Act 2018, Schedule 1, Part 2, Paragraph 6 (statutory and governmental purposes).

What we do with your personal information

We will use your personal data to coordinate the Scottish Government’s input into the Inquiry. This may include sharing data with legal teams, external counsel, and other relevant stakeholders supporting the Scottish Government role.

We may also share relevant contact information with the Inquiry team to facilitate participation, but the Inquiry will separately process data under its own privacy notice.

How do we keep your personal information secure and how long is it kept for?

Your personal data is stored securely on Scottish Government systems, such as eRDM Connect, with access restricted to staff involved in this work.

We only keep your personal data for as long as necessary. Information processed for the purposes of the Inquiry will be retained in line with our records management policies and may be reviewed upon conclusion of the Inquiry.

Who do we share your personal information with?

We may share information with:

• legal representatives (internal and external)
• the Inquiry team (where relevant to the Scottish Government participation)
• other third parties assisting with the coordination of the Scottish Government Inquiry role

Any third-party processing will be subject to contractual and legal safeguards.

What are your rights?

Under data protection law, you have rights including:

• the right to access your personal data
• the right to request correction of inaccurate data
• the right to request erasure or restriction of processing (in certain circumstances)
• the right to object to processing (in certain circumstances)

If you believe that the data, we hold is inaccurate or incomplete you can ask us to update our records by contacting EljamelInquiry_Response@gov.scot.

You have a right of access to any personal data we hold about you by making a Subject Access Request (SAR).

To find out more about the rights you have over your personal data, please visit the ICO website Your data matters | ICO

Complaints

If you have concerns about the way we process and handle your personal data, in the first instance you should raise your concerns with our Data Protection Officer by email to DataProtectionOfficer@gov.scot

If you feel that your data has been collected or processed unlawfully, you have the right to raise a complaint with the Information Commissioners Office:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Website: www.ico.org.uk
You can also report any concerns online