The Eljamel and NHS Tayside Public Inquiry

Privacy notice

This Privacy Notice explains how the Eljamel and NHS Tayside Public Inquiry (the ‘Inquiry’) will collect and handle your personal data during its engagement on the draft Terms of Reference, which set the legal parameters for the Inquiry’s investigation.

Who are we?

The Inquiry is an independent statutory public inquiry. The Inquiry was announced by then Cabinet Secretary for NHS Recovery, Health and Social Care on 7 September 2023 to examine issues regarding the actions of former neurosurgeon Mr Eljamel and NHS Tayside.

The Inquiry is registered as a Data Controller with the Information Commissioner’s Office [ZB745730] and is responsible for compliance with the UK General Data Protection Regulation and the Data Protection Act 2018 when handling personal data. 

You can contact us at Enquiries@Eljamelinquiry.scot.

What Personal Data will the Inquiry collect about you?

When you contact the Inquiry or the Inquiry contacts you about the draft Terms of Reference, we will collect and use your personal data. This will include your:-

• name
• email address
• other contact details, e.g. your telephone number
• accessibility needs to assist us in preparing for any needs; and
• observations and opinions on the draft Terms of Reference.

How does the Inquiry obtain Personal Data? 

The Inquiry will request and receive personal data through various routes from both individuals and organisations, including:

a) When you contact us:

When you email or write to the Inquiry, a record of your correspondence and contact details, and any other information you share, will be stored and processed by the Inquiry. If you contact the Inquiry by telephone, the Inquiry may store and process your name, contact details, and written notes of the conversation.  This may include your observations or opinions on the draft Terms of Reference.

b) At an engagement event:

If you attend a public event for the Inquiry on the draft Terms of Reference, the Inquiry will process and store your name and contact details, and your observations or opinions on the draft Terms of Reference.

What is the Inquiry’s legal basis for processing your Personal Data?

Data protection laws require us to have a legal basis for processing your personal data.  Our legal bases are:

• Law: It is necessary for us to process your personal data to comply with the statutory obligation of consultation on the Terms of Reference under section 5(4) of the Inquiries Act 2005.

• Your consent: By applying for a ticket to attend the in-person or virtual event to discuss the draft Terms of Reference, you agree to us processing your personal data for the purposes set out in this Notice.

Who will the Inquiry share your Personal Data with?

The Inquiry will only share personal data with relevant third parties and only where it is strictly necessary for the purposes set out within this Notice and when it has a legal basis to do so.  

Will your Personal Data be sent outside the UK?

The third parties with whom we share your personal data noted above may be based or may make use of data storage facilities that are located outside the United Kingdom.  Their handling and use of your personal data will involve us and / or them transferring it outside the United Kingdom.  When we and / or they do this, we will ensure similar protection is afforded to it by:

• only transferring it or permitting its transfer to countries that provide an adequate level of protection for personal data under data protection laws; or
• using specific contracts with such organisations, which are approved for use in the United Kingdom, and which give your personal data the same protection it has in the United Kingdom after it is transferred.

Please contact us for further information on the specific mechanism used by us when transferring your personal data outside the United Kingdom.

How long will the Inquiry keep your Personal Data?

The Inquiry will keep your personal data until the end of the Inquiry, at which point, some of the personal data (where it forms part of the historic record of the Inquiry) will be transferred to the Keeper of the Records of Scotland. 

Your rights and how to use them 

It is important that the personal data that we process about you is accurate and current. Please keep us informed of any changes by contacting us at Enquiries@Eljamelinquiry.scot.

Under certain circumstances, the law gives you the right to:

• Access a copy of your personal data and to check that we are processing it in accordance with legal requirements.
• Correct any inaccurate or complete any incomplete personal data that we process about you.
• Delete your personal data where there are no grounds for us continuing to  process it. You also have the right to ask us to do this where you object to us processing your personal data.
• Restrict our processing of your personal data, for example, if you contest the accuracy of your personal data.
• Object to us processing your personal data where we rely on public task or legitimate interests.

Please contact us if you wish to make any of the above requests. When you make a request, we may ask you for specific information to help us confirm your identity for security reasons, such as your name, address, valid copy ID, and any other contact details. In all cases your request will be considered very carefully and only be declined where the Inquiry has a basis in law to do so.

You will not need to pay a fee when you make any of the above requests, but we may charge a reasonable fee or refuse to comply if your request for access is clearly unfounded or excessive.

Feedback and Complaints about how we handled your information 

We welcome your feedback on how we process your personal data, and this can be sent to us at Enquiries@Eljamelinquiry.scot.

You have the right to complain about the way that the Inquiry collects and uses your personal data. If you wish to make a complaint, please contact the Inquiry at Enquiries@Eljamelinquiry.scot.

You also have the right to make a complaint to the Information Commissioners Office at scotland@ico.org.uk and 0303 123 1115. 

If you would like to receive this Notice in alternative format, for example, audio, large print or braille, please contact us at Enquiries@Eljamelinquiry.scot.

Updates

We may update this Notice at any time, and we will provide you with an updated version when we are required to do so by law.