The Police Act 1997 (Criminal Records) (Homes for Ukraine Sponsorship Scheme) (Scotland) Amendment Regulations 2022

3. Data Controllers

<If there is more than one data controller involved, please complete a separate table for each>

Organisation Disclosure Scotland

Activities

Disclosure Scotland is an Executive Agency of the Scottish Government. It exercises the functions of the Scottish Ministers under the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 ("the PVG Act") to issue criminal record disclosures.

Disclosure Scotland also operates the PVG Scheme (established in February 2011) and holds the lists of individuals barred from doing regulated work with children and/or protected adults.

Is the organisation a public authority or body as set out in Part 2, Chapter 2, Section 7 of the Data Protection Act 2018?

Yes

Lawful basis for processing under UK General Data Protection Regulation (UK GDPR) Article 6 for the collection and sharing of personal data – general processing

The principal lawful basis for processing is Article 6(1)(e) of the GDPR. Some processing may also take place on the basis of article 6(1)(d). Special category data is processed under Article 9(2)(g). Criminal conviction data is processed under Article 10.

Disclosure Scotland gathers and processes data under the Police Act 1997 and the Police Act (Criminal Records) (Scotland) Regulations 2010 (SSI 2010/168), in line with the DPA and UK GDPR.

Lawful basis for processing - Part V of the Police Act 1997.

Law Enforcement – if any law enforcement processing will take place – lawful basis for processing under Part 3 of the Data Protection Act 2018

Part V of the Police Act 1997.

Legal gateway for any sharing of personal data between organisations

Disclosure Scotland's privacy statement - mygov.scot