Marine licensing and consenting: privacy notice

The licensing operations team administer various statutory licensing and section 36 consenting requirements on behalf of Scottish Ministers, including, but not limited to:

• marine licences under the Marine (Scotland) Act 2010 and the Marine and Coastal Act 2009
• section 36 consents for offshore renewable energy installations under the Electricity Act 1989
• declaration of Safety Zones under the Energy Act 2004
• decommissioning programmes under the Energy Act 2004
• European Protected Species licences under the Conservation (Natural Habitats,& c.) Regulations 1994 and Species Regulations 2017
• basking shark licences under the Wildlife and Countryside Act 1981
• seal licences under Part 6 of the Marine (Scotland) Act 2010

Why we collect personal information

It may be necessary for the licensing operations team to process personal information because:

• the processing is necessary for compliance with a legal obligation
• the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us

We aim to comply fully with obligations under data protection laws. These laws include the UK General Data Protection Regulation (GDPR), and any other data protection legislation enacted by government.

Scottish Ministers may in some cases require the Planning and Environmental Appeals Division (DPEA) of the Scottish Government to hold a Public Local Inquiry, other public hearing or produce a written report. Copies of correspondence, where relevant, may be shared securely with the DPEA Reporter to consider during the inquiry, hearing or report writing process

What personal information is collected

When carrying out our statutory duties, from initial queries through to the issuing of permissions and post-consent processes, personal information may be provided to us e.g. name, address, email, phone number. This information may come from:

• applicants, licence holders or agents
• statutory and non-statutory consultees
• members of the public e.g. when someone makes a representation on an application

What happens to personal information (including how it will be stored and for how long)

Personal information will, where necessary, be processed in a number of ways:

• stored securely in the licensing systems and our official corporate record. Licensing and section 36 consenting casework stored in our official corporate record is retained for as long as is necessary for the purpose it was collected which is normally for the licensing / sectoin 36 consenting and post-consent period. The time that licences and section 36 consents are granted for can vary depending on the activity that is authorised
• for marine licence applications and licences, it is a statutory requirement to maintain a register of marine licensing information, which must include the name and address of any applicant or licence holder and the name and address of any agent, contractor or sub-contractor proposed to be engaged in the activity to which the application or licence relates. This information is stored securely in our licensing systems and official corporate record
• some of the licences and section 36 consents are made publicly available on the Marine Scotland Information website (MSI). This allows the licensing operations team to determine and process applications in an open and transparent manner and aid consultation on proposed activities with the public, statutory and non-statutory consultees. When anyone, including a member of the public, makes a representation on an application, the licensing operations team may publish documents and comments on the Marine Scotland Information website. Only information that is necessary for compliance with a legal obligation or is necessary for the performance of a task carried out in the public interest will be made available on the Marine Scotland Information website
• there may be legal requirements for the identification of consultees and exchange of documents between Scottish Ministers, applicants or licence holders and consultees. This means that names and contact details (e.g. email and postal addresses and personal telephone numbers) may be communicated by post or email along with the content of documents submitted

Queries about how personal information is handled

If you have any queries or concerns about how your personal information will be handled, contact us at:

Marine Directorate
Licensing Operations Team
Scottish Government
375 Victoria Road
Aberdeen
AB11 9DB

Email: md.bod@gov.scot

Your data protection rights

Under data protection law, you have rights including:

• your right of access – You have the right to ask for copies of your personal information
• your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete
• your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances
• your right to object to process – You have the right to object to the processing of your personal information in certain circumstances ( although it does not apply when we have a legal obligation to process your personal data)
• you are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you

Contact the Information Assurance and Data Protection Team at dpa@gov.scot if you wish to make a request.

To exercise these rights, you can write to the Scottish Government Data Protection Officer, supported by the Information Assurance and Data Protection Team at:

Information Assurance and Data Protection Team
M Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Email: dpa@gov.scot

How to complain

If you have concerns about our compliance with data protection laws, please contact our Data Protection Officer in the first instance at DataProtectionOfficer@gov.scot. They will look into the concerns you have raised and provide a response.

If you are not satisfied with the Data Protection Officer’s response you have the right to lodge a complaint with the Information Commissioner's Office (ICO). The ICO are the supervisory authority responsible for data protection in the UK. You can contact the Information Commissioner at:

Information Governance Department
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

Telephone: 0303 123 1113

Find out more on the Information Commissioner's Office website.

Revisions to this privacy notice

We may revise this privacy notice from time-to-time. Revisions will be dated.