Privacy Notice - Licensing, Firearms, Civic and Liquor
Date of Publication – January 2024
Who we are
The Police Service of Scotland is a constabulary established under the Police and Fire Reform (Scotland) Act 2012.
Its headquarters is located at Tulliallan Castle, Kincardine, FK10 4BE, United Kingdom, and you can contact our Data Protection Officer by post at this address, by email at dataprotection@scotland.pnn.police.uk, and by telephone on 101.
About this notice
This notice is to advise you (you are also referred to as the data subject) of how your personal data (information) will be dealt with (processed) by Police Scotland and your rights in relation to the processing.
This notice covers information processed for a non-crime purpose.
The Chief Constable of the Police Service of Scotland is the controller of your personal information and decides the purposes for which your personal information will be processed. Police Scotland can be contacted by telephoning 101.
The tables below provide you with details of:
- why we process your personal information
- what our lawful basis is for processing it
- the information provided by you
- the types of personal information we hold if not provided by you
- the source of the information if not provided by you
- the length of time we will keep your information
- who we will share it with.
In addition to the details below, your information may also be used by Police Scotland for administrative purposes such as system testing, research, service development, training and audit purposes.
Where this is the case, the processing will be in accordance with the UK GDPR and Data Protection Act 2018.
Where information has been processed previously for Law Enforcement purposes, any further use will not be incompatible with the original purpose for which the information was processed, and will be authorised by law.
What is personal data?
“Personal data” is information that can identify you, for example name, address, date of birth. It also includes alleged or actual offending information when processed for non-crime purposes.
There is also another type of personal data which is called “special category personal data”.
This is information which relates to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
Why we process your personal information
Applications for a Firearms or Air Weapon license or renewal certificate
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Substantial public interest – Article 9(2)(g)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Name, photograph, gender, date and pace of birth, current and previous addresses, phone number, email address, height, occupation, nationality
Health information
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
Health information
Statement on likeness of applicant to photographs supplied, whether there is any reason why the applicant should not be provided with a firearms license or certificate and if there is, that reason
Source of personal data when not provided by the person to whom
Doctor
Referee
Length of time we keep your information Record Retention SOP (Firearms - FIR-001)
Organisations or individuals we may share your information with
Scottish Government, NHS, Scottish Police Authority, UK Police Forces, Forestry Commission, Oil Industry, Registered Firearms Dealers, Local Authorities, Enforcement Agencies.
Individuals named in the application form, school and appropriate adult for child applications.
Applications for a Snaring ID Number
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation Article 6(1)(c)
Personal and / or special category data provided by the data subject when relevant
Name, photograph, address, nationality.
Length of time we keep your information Record Retention SOP (Firearms – FIR-043)
Organisations or individuals we may share your information with:
Scottish Government when required.
Applications for Civic Licensing and Liquor licensing
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Criminal convictions and offences – Article 10
Types of personal data when not provided by the person to whom it relates
Name, image, date of birth, address, phone number, email address, nationality, ID document details, driving history
Alleged or actual offending information
Source of personal data when not provided by the person to whom
Relevant Local Authority
Length of time we keep your information Record Retention SOP
Liquor (Licensing - LIC-001 to LIC-009)
Civic (Licensing - LIC-010 to LIC-011)
Organisations or individuals we may share your information with:
The Licensing Board of the Local Authorities to which the application was made.
Pedlar’s Certificates
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Name, image, date of birth, address, phone number, email address, nationality, ID document details, areas of operation, occupation, description of applicant and vehicle details.
Categories of personal data when not provided by the person to whom it relates
Person of Standing
Name, date of birth, address, phone number, profession
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Applicant
Police Systems
Length of time we keep your information Record Retention SOP (Licencing - LIC-015)
Your Rights
You have certain rights in relation to how we process your personal information. These are listed below.
Right of access
You can make what is called a subject access request to us.
You are entitled to, amongst other things, a copy of the information we hold on you, although there are exceptions to this. For further information and details on how to make a subject access request please visit the Police Scotland website.
Right to rectification (correction)
We must correct without delay, any personal information we hold on you which is not accurate.
If you think anything is wrong, you should contact us by post or e mail, where possible by completing the form on our website at https://www.scotland.police.uk/access-to-information/data-protection/your-rights telling us what you think is wrong and why.
There are exceptions to when we have to correct the information, and you will be advised if we have to apply them.
If it is not possible to establish the accuracy of the personal information, we will restrict how we process it, for example restrict who can see your information, or who we disclose it to.
Right to erasure or restriction of processing
You have a right to request that we delete your personal information, but this will only be done when we are not legally required to keep it.
On occasion it may be more appropriate to restrict how we process it, for example restrict who can see your information, or who we disclose it to.
You can find more information on our website at https://www.scotland.police.uk/access-to-information/data-protection/your-rights
Right to object
You also have the right to object to the processing we carry out, if our legal basis for doing so, (see the ‘Purpose and basis for processing’ table above), is for carrying out a task in the public interest, exercising our lawful duty or we believe it is in our legitimate interests.
You can find more information on our website at https://www.scotland.police.uk/access-to-information/data-protection/your-rights
For more information about any of these rights, go to www.scotland.police.uk/access-to-information/data-protection/your-rights or email information.assurance@scotland.pnn.police.uk.
If we refuse to carry out your requests in full under paragraphs 1 to 4 above, you have the right to ask the Information Commissioner to check whether our decision is correct.
If you are unhappy in any way with how we have dealt with your information, you have the right to complain to the Information Commissioner.
The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
Date of next review of this document - January 2025
