Why is data gathered
We collect personal data as part of the administration of public appointment recruitment. We also collect sensitive personal data as part of that administration and monitoring of public appointment recruitment. Processing of this data is necessary for compliance with our legal obligations.
The lawful bases being relied on to use your personal information for the purpose of recruiting public appointments is Article 6(1)(c) ‘the processing is necessary for compliance with a legal obligation to which the controller is subject’ and Article 6(1)(e) of the UK GDPR is ‘Processing is necessary for a task carried out in the public interest’.
The lawful basis for collecting sensitive personal data is Article 9(2)(b) ‘the processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment and social security and social protection law’. Scottish ministers have a duty under the Equality Act 2010 to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, and to assess progress on this.
What data is held
Personal data held includes special types of sensitive information. This information includes an identifier, name, email addresses, work and personal contact information, in addition to the IP address you used to connect to the online application portal.
What we do with your data
In the administration of public appointment recruitment, we use iCIMS, Inc. Enterprise Recruiting Software Platform. Our data processor, iCIMS, is based outside the UK, so your data might be transferred and stored securely outside the UK however will remain within the EU. Where that is the case it will be protected through the use of Model Contract Clauses. Data is processed only in connection with the services provided to us and for business necessity.
The Scottish Government and iCIMS, Inc. have agreed protocols in place to ensure personal data collected can only be accessed by those who need access in order to perform their tasks and duties, and have a legitimate purpose for processing or accessing this data.
How long your data is kept
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for - including legal, accounting, or reporting requirements.
For recruitment to public appointments, the retention period for documents supporting the public appointments process is 5 years after your appointment has ended.
If you are unsuccessful, personally identifiable data is removed two years after your most recent application.
In addition, if you believe that the data we hold is inaccurate or incomplete you can ask us to update our records. If you are unhappy with the way in which we process your personal data you can request that we stop or restrict the processing we complete using your personal data or ask us to delete the personal data we hold about you.
Find out more about your rights on the Information Commissioner's site.
In some circumstances we may not be able to comply with your request. This is because some of these rights are conditional and can only be applied in certain circumstances and/or where there is no compelling reason to continue to process your personal data.
Data Protection Officer
If you feel we have been unable, or unwilling, to resolve your information rights concern, you have the right to lodge a complaint with the Information Commissioner's Office (ICO). The ICO are 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 at:
The Information Commissioner
Tel: 08456 30 60 60
You can also report any concerns via the the Information Commissioner's Office website.
- First published
- 7 February 2020
- Last updated
- 4 March 2022
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