Role of incineration in the waste hierarchy - review: call for evidence

2. Processing of data

This section sets out how the Review team will use your personal data for the purposes of the Call for Evidence and explains your rights under the General Data Protection Regulation (UK-GDPR) and the Data Protection Act 2018 (DPA).

2.1 Purpose - why do we need your information?

The Review team has been commissioned by the Zero Waste Unit in Scottish Government to review the role of incineration in the waste hierarchy in Scotland. We will use the information you provide through the Call for Evidence to gather evidence and opinions from members of the public and representatives of organisations and companies, about the role of incineration in the waste hierarchy in Scotland, an issue of significant public interest.

2.2 Data categories – What data are we collecting?

Personal data

We will process the following information about you, if you volunteer it:

• name
• address
• email address
• phone number
• job title and employer (where applicable), ,
• your opinions and data/information related to questions in the Call for Evidence.

Special category data

The Call for Evidence does not request any Special Category Data. However, it is also possible that Special Category Data (such as information on health conditions) relating to the respondent (you) or a third party, may be volunteered as part of the response to the Call for Evidence.

Any of the categories of special category data may be processed if such data is volunteered as part of the Call for Evidence.

2.3 Processing and legal basis

For the purposes of the UK-GDPR, we will process the information that you include in your correspondence. The personal information collected may relate to you, other members of the public, parliamentarians, and representatives of organisations or companies who respond to this Call for Evidence.

The legal basis for processing this data is 'public task' (Data Protection Act 2018 Article 6 (1) (e)). The processing of the data is necessary for the performance of a task carried out in the public interest. For the purpose of this Call for Evidence, the task is inviting evidence on a departmental policies or proposals or obtaining opinion data in order to develop recommendations for good effective government policies.

Where special category data is volunteered by you and it is not relevant to the review and of substantial public interest, we will delete this data within 1 month of the closing date of the Call for Evidence. Where special data is processed, the legal basis for processing it is the processing is necessary for reasons of substantial public interest for the exercise of a function of the Crown, a Minister of the Crown, or a government department. In this case, this function is consulting on departmental policies or proposals, or obtaining opinion data, to develop good effective policies.

2.4 How we keep your information secure

Information held by the Scottish Government and its representatives is managed effectively by secure systems on secure servers.

Your information will not be shared outside the UK.

2.5 Who we share your responses with

The personal data you send us can be viewed by authorised people in the Scottish government, supplier organisations, agencies and public bodies. This may include a supplier who can assist in reviewing and summarising the evidence gathered.

Information provided in response to this Call for Evidence may be published or disclosed in accordance with the access to information regimes. These are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA) and the Environmental Information Regulations 2004 (EIR).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals with, amongst other things, obligations of confidence.

It would, therefore, be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding.

Where information about respondents is not published, it may be shared with officials within other public bodies and our contractors involved in this Call for Evidence process to assist us in developing the policies to which it relates.

2.6 How long we will hold your data (Retention)

Personal information in responses to call for evidences will generally be published and therefore retained indefinitely as a historic record under the Public Records Act 1958.

Personal information in responses that is not published will be retained for three calendar years after the Call for Evidence has concluded.

2.7 Your rights

You have the right to:

• access to any personal data we hold about you, by making a Subject Access Request (SAR).
• request that any inaccuracies in your personal data are rectified without delay.
• request that your personal data are erased if there is no longer a justification for them to be processed.
• in certain circumstances (for example, where accuracy is contested), request that the processing of your personal data is restricted.
• object to the processing of your personal data where it is processed for direct marketing purposes.
• data portability, which allows your data to be copied or transferred from one IT environment to another.

Find out more about your rights on the Information Commissioner's site.

In some circumstances we may not be able to comply with your request. This is because some of these rights are conditional and can only be applied in certain circumstances and/or where there is no compelling reason to continue to process your personal data.

2.8 How to submit a Data Subject Access Request (DSAR)

To request access to personal data that Scottish Government holds about you, contact: dpa@gov.scot.

2.9 Complaints about the use of personal data

If you have any concerns about the use of your personal data, please contact us via this mailbox: DataProtectionOfficer@gov.scot

If we are unable to address your concerns to your satisfaction, you can make a complaint to the Information Commissioner, the UK's independent regulator for data protection. The Information Commissioner can be contacted at:

Information Commissioner's Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire,

SK9 5AF

Telephone: 0303 123 1113

Email: casework@ico.org.uk

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

2.10 Contact details

The data controller for any personal data collected as part of this call for evidence is Scottish Government, the contact details for which are: incineration-review@gov.scot.

The contact details for Scottish Government's Data Protection Team are: dpa@gov.scot.