Privacy Note

This information is available as a pdf to download here.

 

The Data Protection Principles

Article 5 of the General Data Protection Regulation (GDPR) obliges the SCTS to ensure that personal data shall be:

(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date (every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay) (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

 

General Information

 

Marketing

The SCTS will not share personal data with third-parties for marketing purposes.

 

Research

The SCTS may grant research access to certain pre-approved researchers to historical case data for research purposes (e.g. sociological research on access to justice), subject to suitable protections for the privacy of those featured in the cases.

 

Consent

The SCTS observes the Information Commissioner’s Office (ICO) best practice in not asking persons for consent in relation to the processing of personal data. We may ask for permission to process certain data in limited circumstances where it is completely clear that consent is entirely voluntary, for example in relation to customer satisfaction research.

 

Automated decision making or profiling

The SCTS conducts limited automated decision making or profiling. This occurs in relation to staff recruitment, attendance management and in relation to selection as a prospective juror.

 

Website

Information on user anonymity for use of our website is available at

http://www.scotcourts.gov.uk/meta/privacy.

 

Data Protection by Design

The SCTS is committed to ensuring that only personal data necessary for the specific purpose identified for the processing are processed.

 

Data Protection Officer / Data Controller

The SCTS is a Data Controller. Its Data Protection Officer is Iain Hockenhull, Head of Information Governance and Correspondence. Please email dpo@scotcourts.gov.uk for further information. The postal contact is: N1 Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.

 

What are my rights?

• You have the right to obtain confirmation that your data is being processed, and to access to your personal data

• You have the right to object to processing in specific circumstances

• Special rights apply in relation to the processing of personal data in respect of children

 

Right of access

You have the right to access personal data that we hold. This right will normally operate so as to provide you with your personal data within one month. There is no fee, but we will ask you to prove your identity. There are some circumstances in which we may require more time to locate your information or where material cannot be provided, for example where disclosure might have an adverse impact upon on-going proceedings or where the personal data of other persons is also featured. In handling requests we will inform you of any such limitations placed upon the right of access and to your right to appeal to the UK Information Commissioner. More information on Subject Access Rights can be accessed here.

 

Right to erasure

You have the right to request that we cease or limit our processing of your personal data. Please note that this right is unlikely to apply where processing remains necessary in relation to the purposes for which the data were collected. For example, the SCTS is obliged by Public Records legislation to preserve records of criminal and civil court cases: it is highly unlikely that the right to erasure could be used to entirely erase those records, but you might be able to exercise it in relation to some specific processing.

 

Right to rectification

You have the right to request that we correct or amend our records if you have reason to think that we have made a mistake in recording or processing your personal data, for example that it is inaccurate or incomplete.

Note: these rights are unlikely to apply where personal data is being processed during the course of court or tribunal proceedings. Articles 15 (right of access by the data subject), 16 (right to rectification), 17 (right to erasure) and 18 (right to restriction of processing)) of the GDPR do not apply to personal data processed by a court or tribunal acting in a judicial capacity.

 

How do I complain if I am not happy?

If you are unhappy with any aspect of this privacy notice, or how your personal information is being processed, please contact the SCTS Data Protection Officer at:

dpo@scotcourts.gov.uk

 

If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Email: casework@ico.org.uk

https://ico.org.uk/global/contact-us/

 

How does the SCTS keep information secure?

The SCTS Data Security Policy sets out the security standards in place in relation to all personal data. It includes:

• Staff should not take any laptop, or removable drive or external medium, containing personal or sensitive data stored in an unencrypted medium outside secure office premises.

• Staff should not carry or take any official information, data or records outside SCTS premises unless for an authorised purpose. Staff must not carry personal or sensitive data outside SCTS premises on laptops or memory sticks without good cause, even when that data is stored in encrypted form.

• Staff must not, under any circumstances, store personal or sensitive data on the C: drive of their PC or laptop unless it is stored in an encrypted working medium, nor should they store personal or sensitive data on any unencrypted removable media such as a USB memory stick.

• Staff should ensure at all times that access to equipment and media is password protected – all passwords should be chosen carefully and disclosed to no-one else;

• Staff should consider ways to best protect sensitive information before sending on and should always limit access to those who need to use the information;

• Access to IT systems containing personal data is provided on a need to know basis, and access to information protected by a unique logon and password. Access must be used for legitimate business purposes only, and systems have an audit function to allow inappropriate access to be detected.

• Under no circumstances should staff:

• access or attempt to access another employee's computer, computer account, laptop, blackberry, mobile, e-mail or voice mail messages, files or other data, government or private data without authorisation (e.g. as a part of a corporate security investigation); or

• misuse information which they acquire in the course of their official duties, nor without authority disclose official information which has been communicated in confidence within SCTS or as part of the Scottish Government, or received in confidence from others.

The SCTS has adopted the UK Government security classification scheme for protective markings signifying the level of security that should be allocated to each document.

The SCTS is an accredited member of the Public Secure Network (PSN): the secure network used by other public bodies such as the COPFS and Police Scotland to transfer sensitive data electronically.

All SCTS staff have been disclosure checked and Baseline Personal Security Standard (BPSS) checks are conducted on all SCTS staff and on contractors and agency staff. All permanent staff and non-staff must have the BPSS clearance before they are allowed to access buildings, assets or information.

Electronic court case management systems are access controlled. Restricted and relevant access is controlled by local court managers. The system is updated as cases progress through the courts.

 

Processing by the First-tier Tribunal for Scotland (Health and Education

Chamber)

 

What is being processed?

The First-tier Tribunal for Scotland Health and Education Chamber currently hears applications under the Additional Support Needs jurisdiction (the ASN Tribunal) only. Under this jurisdiction, the tribunal hears references (appeals) from parents and young people against decisions of education authorities regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act). Children aged between 12 and 15 years who have capacity to make a reference (and where their wellbeing will not be adversely affected) can also make two types of references:

• A reference in relation to a co-ordinated support plan (CSP)

• A reference appealing against the education authority’s assessment of the child’s capacity or wellbeing

The Equality Act 2010 (the 2010 Act) provides the right to make a claim (appeal) to the ASN Tribunal in respect of disability discrimination relating to pupils in school education. Claims may be made by the parent, the young person or the child (where the child has the capacity to make the claim)

.

Why are we processing this information?

Processing of tribunal case information is “necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller” in terms of Article 6(1)(e) of the GDPR.

If you have a case at the tribunal it will process your personal data in order to discharge its statutory duties in accordance with the Education (Additional Support for Learning) (Scotland) Act 2004 and the Equality Act 2010 and The First-tier Tribunal for Scotland Health and Education Chamber Rules of Procedure 2018 ('the 2018 Rules') (schedule to SSI 2017/366).

 

What categories of personal data are you processing?

From the special categories of data listed in Article 9(1) of the GDPR, the Tribunal will routinely process special category data in terms of health. It is however possible that other special category data might feature in a particular case. This processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity in terms of Article 9(2)(f) of the GDPR.

 

Where do you get my personal data from?

The Tribunal may receive your data from the following sources

• You may provide your own data to the Tribunal

• Parent/Carer

• Education Authorities

• Independent schools

• Advocacy Services

• Legal professionals

 

How, when and why does the SCTS share this personal data with others?

In terms of the legislation which governs the application process (The First-tier Tribunal for Scotland Health and Education Chamber Rules of Procedure 2018 ('the 2018 Rules') (schedule to SSI 2017/366)), we will send copies of any application, attachments, correspondence and representations to the other parties and their representatives

• In any case type, where the tribunal decides that expert evidence is required to assist in determining the case, relevant data pertaining to the case will be shared with the third party. All parties will be made aware of this at the time, and will receive a copy of any report received by the third party.

• If information comes to light which raise concerns about the safety of an individual, this may be passed on to the appropriate authority for investigation.

Tribunal decisions may be published on its website under rule 55 and rule 101 of The First-tier Tribunal for Scotland Health and Education Chamber Rules of Procedure 2018 ('the 2018 Rules') (schedule to SSI 2017/366).

Decisions are published in such a way as to protect the anonymity of the person to whom the decision relates.

 

Do you transfer my personal data to other countries?

No.

 

How long do you keep my personal data?

We retain hard copy Tribunal case papers for a period of six months after closure of the case, while electronic copies of all case papers are stored securely on our case management system and processed in line with our records management plan.

 

Do you use automated decision making or profiling? If so, how do you use my personal data to make decisions about me?

No automated decision making or profiling takes place.