We have a range of statutory responsibilities, including determining applications for:
- marine licences under Part 4 of the Marine (Scotland) Act 2010 and the Marine and Coastal Access Act 2009
- section 36 consents under The Electricity Act 1989
- licences to disturb or injure marine European Protected Species (EPS) under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and The Conservation of Offshore Marine Habitats and Species Regulations 2017
- Basking shark licences under the Wildlife and Countryside Act 1981 (as amended)
- seal licences under Part 6 of the Marine (Scotland) Act 2010
This privacy notice explains what happens to the personal information provided to us in the consenting/licensing process, from initial queries through to the issuing of permissions and post-consent processes. This includes personal information in relation to relevant law enforcement, as the Scottish Ministers are the competent authority in terms of the Law Enforcement Directive.
We take the right to privacy seriously and this privacy notice reflects our commitment to the fair and transparent processing of personal information. This notice sets out why we may need personal information, what we need and how we will use it.
Why we collect personal information
We will, where necessary, use personal information in the consenting/licensing process. We collect, holds and processes personal information because:
- the processing is necessary for compliance with a legal obligation
- the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us
We comply fully with obligations under data protection laws. These laws include the EU General Data Protection Regulation (GDPR), the Law Enforcement Directive and any other data protection legislation enacted by the UK Government.
If an applicant fails to provide all the information required to determine an application for a licence/consent, we may refuse to proceed with the application. Provision of contact information for the applicant and any agent acting on behalf of the applicant will help reduce any delay in processing the application.
Who processes the personal information
A controller is the entity (organisation) that determines the purposes, conditions and means of the processing of personal information. For the consenting/licensing process, the Scottish Government is the Data Controller. We process this information on behalf of the Scottish ministers.
How personal information is collected
We collect information in a variety of ways including paper (and online) forms, email, letters, telephone and in person.
What personal information is collected
We will, where necessary, process personal information, including: names, addresses, email addresses and telephone numbers.
What happens to personal information (including how it will be stored and for how long)
In the consenting/licensing process, from initial queries through to the issuing of permissions and post-consent processes, personal information may be provided to us. This could include providing personal information in a query, an application, a representation, in response to a request from Marine Scotland or in relation to relevant law enforcement. This personal information will, where necessary, be processed in a number of ways:
- stored securely in the licensing systems and our official corporate record, which have been tested for electronic and physical security. Personal information will not be transferred to, stored at, or processed in a destination outside the European Economic Area (EEA). Licensing/consenting casework is retained for as long as is necessary for the purpose it was collected, which is normally for the licensing/consenting and post-consent period associated with the application
- for marine licence applications, be made publicly available on the register of licensing information on gov.scot and shared with the applicant and/or agent acting on behalf of the applicant, as well as any people or organisations who are consulted in relation to the application (including the Northern Lighthouse Board, Maritime and Coastguard Agency, Scottish Environment Protection Agency, NatureScot, and any delegate for a region). For marine licence applications, it is a statutory requirement to maintain a register of marine licensing information, which must include the name and address of any applicant or licence holder and the name and address of any agent, contractor or sub-contractor proposed to be engaged in the activity to which the application or licence relates
- to contact you about your application or query or another matter in the consenting/licensing process
Queries about how personal information is handled
If you have any queries or concerns about how your personal information will be handled, contact us at:
Licensing Operations Team
375 Victoria Road
Data subject rights
You have the right to access the personal data we process about you, the right to object to processing that is or is likely to cause substantial damage or distress to you or another, the right to request to rectify, erase, block or destroy inaccurate information and the right to be confident that we will handle your personal information responsibly and in line with good practice.
To exercise these rights, you can write to the Scottish Government Data Protection Officer, supported by the Data Protection and Information Asset Team at:
Data Protection and Information Assets Team
If you feel we have been unable to resolve your information rights concern, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO). The ICO is the supervisory authority responsible for data protection in the UK.
For further information, including independent data protection advice and information in relation to your rights, you can contact the Information Commissioner’s Office at:
Information Governance Department
Information Commissioner’s Office
Tel: 0303 123 1113
Find out more on the Information Commissioner’s Office's website.
You can also report a concern here.
Revisions to this privacy notice
We may revise this privacy notice from time-to-time. Revisions will be dated.
Applications for marine licences and EPS/basking shark licences (not connected with a renewable energy project) and any queries in relation to marine licensing should be made to MS-LOT:
Applications for section 36 consent, safety zone declaration, marine licences (for renewable energy projects) and EPS/basking shark licence (in relation to renewable energy projects) and any queries in relation to consenting and licensing of offshore renewable energy projects should be made to MS-LOT.
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