Privacy Notice - Prevent Multi-Agency Panels for Safeguarding and Wellbeing Purposes
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 information 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
It is necessary for Police Scotland to process this data both for reasons of substantial public interest, and for the discharge of a statutory function which is set out in section 36 of the Counter Terrorism and Security Act 2015 to provide support for people vulnerable to being drawn into terrorism.
Police Scotland uses this data to:
- publish national statistics
- policy development
- quality assurance
All personal data used will be anonymised before being published to ensure no person can be identified.
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) of the UK GDPR
Research for and assessment of reports, referral forms and identification of relevant information for sharing with partners.
The processing of this special category and criminal conviction data plays an important role in putting appropriate support packages in place for individuals potentially vulnerable to the risk of radicalisation and in need of support.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e) Substantial public interest
Substantial public interest – Article 9(2)(g)
Data Protection Act 2018 Section 10(1)(b) and (3) and Schedule 1 Part 2, Paragraphs 5 and 6.
Criminal conviction and offences – Article 10
Prior to Prevent Multi Agency Panels
Prevent Multi Agency Panels
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)
Provision of health or social care Article 9(2)(h)
Article 10
Partner agency information requests
Child or adult safeguarding / risk management meetings
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
This will vary depending on the individual circumstances of each situation, however the likely lawful bases that may be applied are:
Vital interests – Article 6(1)(d) or
Public task – Article 6(1)(e)
Substantial public interest – Article 9(2)(g) or
Provision of health or social care – Article 9(2)(h)
Criminal conviction and offences – Article 10
Personal and / or special category data provided by the data subject when relevant
Name, Date of Birth, Address, Contact details
Collected only when relevant:
Racial / ethnic origin, political / religious / philosophical beliefs, mental and physical health information, sex life / sexual orientation, biometric data, alleged or actual offending information, circumstances of safeguarding referral.
Types of personal data when not provided by the person to whom it relates
Name, Date of birth, Gender phone number, occupation, address / current location.
Racial / ethnic origin, religious beliefs, health information.
Types of personal data when not provided by the person to whom it relates
May be anything as listed above if the individual is unable to provide the information.
Source of personal data when not provided by the person to whom it relates
Parent, guardian, carer of the individual concerned, Police systems, Relevant statutory and non-statutory Partners.
The Length of time we keep your information can be viewed within our Record Retention SOP.
We also may share this information with:
Social work, Local NHS Board, Schools, further education colleges and universities, Youth services, Children’s and adult’s services, Public Protection services, Local authority safeguarding managers, Local authority Early Intervention Services, Home Office Immigration (Immigration Enforcement, UK Visas & Immigration), Border Force, Housing, Scottish Prison Service, Criminal justice social work, Secure accommodation providers.
Survey and research organisations (for example, to test and improve services and carry out research).
Regulatory bodies.
If you agree to receive support from an approved Intervention Provider, the Police or Local Authority will share relevant information about you with them. This is to enable appropriate support sessions between you and the Intervention Provider.
If you move to another area, your details will be transferred to that area.
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)
If we process your Biometric Data (information about your physical, biological, physiological, or behavioural characteristics) for example, your fingerprints, photograph of your face or, samples taken from any part of your body and you are unhappy in any way with how we have dealt with your information, you have the right to complain to the Scottish Biometrics Commissioner.
The Scottish Biometrics Commissioner can be contacted at:
Bridgeside House
99 McDonald Road
Edinburgh
EH7 4NS
Contact@biometricscommissioner.scot
Tel: 0131 202 1043
Date of next review of this document – January 2025
