Family law: consultation

Annex A – Privacy Notice

This privacy notice is to inform you what you can expect us to do with your personal information when you respond to this Family Law Consultation.

Who we are

The Scottish Government is the devolved government for Scotland and our head office is located at St Andrews House, Regent Road, Edinburgh, EH1 3DG.

Why we need your personal information

Responses to the Consultation will be analysed and used to help the Scottish Government as it reaches decisions on next steps in the areas covered by the Consultation. Consultation is an essential part of the policy making process.

We will collect names and email addresses with every response we receive through our consultation platform. We will also collect addresses, postcodes, and phone numbers for postal responses.

Email addresses are used to send an acknowledgement of response following submission. They may also be used to contact you in the future in relation to the consultation exercise if you give consent to be contacted.

We may also collect personal data that respondents include in their response which is sensitive category data. Sensitive category data includes personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, sex life or sexual orientation.

Where permission is given, we may publish responses. We include personal data where permission has been given to do so. We never publish email or postal addresses.

Lawful basis for using your information

Processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law under Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR)

The lawful basis for collecting any sensitive personal data is Article 9(2)(g) of the UK GDPR, because the processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the Scottish Government as the data controller.

Recipients of data

We will provide your personal data to a third party Data Processor for the purposes stated above.

Who do we share your information with?

We will not share your information outwith Scottish Government. We may publish your response where you have given permission for us to do so.

How long do we keep your information for?

We will retain your information for at least 2 years after the date the consultation closes at which time we will consider if we need to retain the information for a further period of 1 year or if we can securely destroy the information. If we retain your information for a further year following closure of the consultation, the information will be securely destroyed after 3 years have passed from closure of the consultation.

International Transfers

In general we do not transfer personal data outside either the UK or the European Economic Area (EEA) and on the rare occasions when we do so we will inform you. We will only transfer data outside the UK and the EEA when we are satisfied that the party which will handle the data and the country it is processing it in provide adequate safeguards.

Your rights under data protection law

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

In addition, if you believe that the data we hold is inaccurate or incomplete you can ask us to update our records by emailing familylawconsultation@gov.scot

You have the right to ask us to erase your personal information in certain circumstances. You also have the right to ask us to restrict the processing of your information in certain circumstances and to object to the processing of your information in certain circumstances.

For more information on the rights you have over how your personal data is handled, please visit Your data matters | ICO

Complaints

If you are dissatisfied with the way we handle your personal data, you can raise your concerns with our Data Protection Officer in the first instance. You can do this by e-mail to DataProtectionOfficer@gov.scot or write to :

Data Protection Officer

If you feel we have been unable, or unwilling to resolve your complaint, you can raise a complaint with the Information Commissioner's Office (ICO):

The Information Commissioner

Tel: 08456 30 60 60

https://ico.org.uk/concerns/handling/