Privacy Notice - People and Development
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, 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
For the purposes of employment, including pensions, termination, ill health retirement, voluntary redundancy, processing and amending contracts, managing capability, managing staff grievance, flexible working applications, business travel.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Police officers – Public task, Article 6(1)(e)
Police Scotland and SPA staff – Performance of a contract, Article 6(1)(b)
Both officers and staff – Obligations of the controller in the field of employment, Article 9(2)(b)
Explicit consent – Article 9(2)(a)
Criminal convictions and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Name, date of birth, address, contact details, photograph. Vehicle registration, driving licence (if required). Rank / job title
Race / ethnic origin, religious or philosophical beliefs, sexual orientation, health information (disabilities)
Health information
Alleged or actual offending information
Types of personal data when not provided by the person to whom it relates
Police officers – results of substance misuse testing
Personal details of next of kin and / or dependants
Police Scotland identifiers
Occupational health report
Alleged or actual offending information
Source of personal data when not provided by the person to whom it relates
Drug testing laboratory
Officer / member of staff / agency worker / contractor
Police Scotland
Occupational health provider
Police systems
Staff Benefit Providers (including in relation to SSSCAVCs)
The Length of time we keep your information can be viewed within our
Record Retention SOP (Personnel General)
For the purposes of employment (including leavers):
Officers and special constables - PER-001 to PER-005
Police Scotland and SPA staff - PER-006 to PER-018
Diversity Monitoring
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation - Article 6(1)(c)
Consent - Article 6(1)(a)
Personal and / or special category data provided by the data subject when relevant
Age, gender
Racial / ethnic origin, religious or philosophical beliefs, sexual orientation, health information (disabilities)
The Length of time we keep your information can be viewed within our Record Retention SOP (Personnel Training, Personnel Recruitment – PER-019 to PER-031)
Managing the medical welfare and health of officers and staff etc. including sickness absence, ill health retirement, injury on duty, fitness for task.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Obligations of the controller in the field of employment – Article 9(2)(b)
Personal and / or special category data provided by the data subject when relevant
Officers – Result of fitness test
Officers and staff – medical / health information
Types of personal data when not provided by the person to whom it relates
Doctor’s details
Fit slip
The Length of time we keep your information can be viewed within our Record Retention SOP (Personnel-Occupational health - PER-032)
Managing referrals of staff and officers to Occupational Health and Welfare providers
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Obligations of the controller in the field of employment – Article 9(2)(b) and
Explicit consent – Article 9(2)(a)
Personal and / or special category data provided by the data subject when relevant
Officers and staff – medical / health information
Source of personal data when not provided by the person to whom it relates
Occupational health provider
The Length of time we keep your information can be viewed within our Record Retention SOP (Personnel – Occupational Health – PER-032)
Managing employees in accordance with equality legislation such as adoption, maternity and paternity issues, and the provision of reasonable adjustments
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Legal obligation – Article 6(1)(c)
Obligations of the controller in the field of employment – Article 9(2)(b)
Explicit consent – Article 9(2)(a)
Personal and / or special category data provided by the data subject when relevant
Confirmation of pregnancy or adoption. Medical / health information.
Categories of personal data when not provided by the person to whom it relates
Occupational health report
Source of personal data when not provided by the person to whom it relates
Occupational health provider
The Length of time we keep your information can be viewed within our Record Retention SOP (Personnel General)
Reference PER-002 (Officers) and PER-007 (Staff)
Consider/Approve/Decline applications for business interests / secondary employment. (BISE)
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Officers – Public task – Article 6(1)(e)
Police Scotland and SPA staff – Performance of a contract – Article 6(1)(b)
Personal and / or special category data provided by the data subject when relevant
Full details of proposed business interests / secondary employment
Source of personal data when not provided by the person to whom it relates
Personal details of employer if applicable.
Officer only – whether a family member’s employment or business interest might interfere with their ability to impartially discharge their duties.
The Length of time we keep your information can be viewed within our Record Retention SOP (Professional Standards - PST-006 to PST-008)
Organisations or individuals we may share your information with
Scottish Police Authority, Scottish Government, Audit Scotland, External Auditors (BDO), Health and Safety Executive, Occupational health provider.
Staff associations, employment tribunals, toxicology services
Other UK forces, National Crime Agency, international police forces, British Embassies/High Commissioners, armed forces.
Department for Work and Pensions, Local Authorities, Child Support Agency, Child Maintenance Service, mortgage lenders, universities and colleges, Scottish Qualifications Authority, Capita, Organisations seeking employment and integrity references.
Scottish Public Pensions Agency, Local Government Pension Scheme, Intac (flexi machine provider), Staff Benefit Providers (including in relation to SSSCAVCs).
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
Right to withdraw consent
Where we process your personal information for a particular purpose on the basis of your consent (see the ‘Purpose and basis for processing information above), you have the right to withdraw your consent.
You can inform us of your wish to withdraw consent by contacting the department to which you originally gave the consent, or by telephoning 101.
The relevant personal data will be destroyed on receipt of the withdrawal of consent unless there is an overriding purpose for continued processing.
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 5 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
