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"Politics is all about people. As a Central Scotland MSP it is both a pleasure and a privilege to meet and become involved with a hugely diverse number of people and organisations"

Margaret Mitchell

Surgeries & Contacts

For information on Margaret’s next surgeries or to arrange a meeting, please contact the constituency office:

Constituency Office

Suite 4B,
91 Bothwell Road,
Hamilton,
ML3 0DW.
Tel: 01698 282815

Scottish Parliament Office

Room 2.11,
The Scottish Parliament,
Edinburgh,
EH99 1SP.
Tel: 0131 348 5639

 

Privacy Notice

Margaret Mitchell MSP Data Protection Privacy Notice

This is the Privacy Notice for the office of Margaret Mitchell MSP.

This privacy notice explains how my office collects and uses personal information about individuals.

My office address and contact details are: 

Address: Suite 4b, 91 Bothwell Road, Hamilton, G71 8RP (Regional)

M2.11, The Scottish Parliament, Edinburgh, EH99 1SP (Parliament)

Email: margaret.mitchell.msp@parliament.scot

Phone: 01698 282815 or 0131 348 5639

Notification:

I am registered as a data controller with the UK Information Commissioner and the reference number is: ZA183643

How I use your personal data:

I process any personal data under the requirements of the General Data Protection Regulation (EU) 2016/679 (the GDPR) and the Data Protection Act 2018 (the DPA).

What is personal data?

Personal data is any information from which a living individual can be identified.

I will hold all personal data securely, I will only use it for the purposes it was collected or acquired for and I will only pass it on to third parties with your consent or according to a legal obligation.

Further information about the data protection legislation and your rights is available here:

https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

Purposes and categories of processing personal data:

I collect and use personal data to fulfil the following functions and associated activities of my office;

to carry out casework on behalf of my constituents;

to tend to issues and campaigns I am involved in;

to manage and support my staff and to maintain supplier relationships;

to process expenses, accounts and associated records;

to communicate with my constituents on matters of interest or relevance;

to meet my obligations in respect of the Lobbying (Scotland) Act 2016;

to respond to complaints from constituents

If you contact me with an inquiry or a complaint, I will normally need to store your contact details to deal with your inquiry or complaint.  This is considered to be “normal category data” under the GDPR.

Other personal data you may provide to me may include details about your personal and family life, social circumstances and business activities, your employment and education details, financial information or information about your housing situation etc.

Depending on what views, issues or experiences you wish to discuss with me, you may be sharing “special category” data with me. For example, this could include details about race or ethnic origin, political or religious views, sex life or sexual orientation, trade union membership, physical or mental health, genetic or biometric data or any criminal offences.

If you are a supplier, I will normally need to store your name, contact and payment details for the purposes of the contract between us.

The legal basis for processing personal data:

Data protection law states that I must have a legal basis for handling your personal data. The permitted legal bases can be found in the GDPR and the DPA.

Casework

 Where it is necessary for me to process data for the purpose of taking reasonable action on behalf of a constituent, I do not require the constituent’s consent for that processing.  The legal basis for the processing is that it is necessary for a task carried out in the public interest or, as regards special category data, the substantial public interest. In particular:

  • In relation to ‘normal’ category data, the legal basis is that the processing is necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) GDPR and section 8(e) DPA). Democratic engagement covers a wide range of political activities inside and outside election periods, including but not limited to: democratic representation, communicating with electors and interested parties, surveying and opinion gathering, campaigning activities, activities to increase voter turnout, supporting the work of elected representatives, prospective candidates and official candidates and fundraising to support any of these activities;
  • In relation to ‘special category data’, the legal basis is that the processing is necessary for reasons of substantial public interest, which includes any processing carried out by an MSP, or a person acting with their authority, for the purpose of reasonable actions taken by the MSP in response to a request by an individual to take action on their behalf (Article 9(2)(g) GDPR and paragraph 23 of Schedule 1 of the DPA).

Other processing activities

 For other activities and functions which involve the processing of personal data, the legal basis for processing may, depending on the circumstances, be:

  • Processing necessary for a task carried out in the public interest (which includes processing necessary for an activity supporting or promoting democratic engagement (article 6(1)(e) GDPR and section 8(e) DPA). Democratic engagement covers a wide range of political activities inside and outside election periods, including but not limited to: democratic representation, communicating with electors and interested parties, surveying and opinion gathering, campaigning activities, activities to increase voter turnout, supporting the work of elected representatives, prospective candidates and official candidates and fundraising to support any of these activities
  • Processing necessary for the pursuit of legitimate interests
  • Consent of the data subject (the person who the personal data relates to.)
  • Processing necessary to comply with legal obligations
  • Processing necessary to protect vital interests of individuals
  • Processing necessary for the performance of a contract

As for any sensitive (or ‘special category’) data, the legal basis relied upon may, depending on the circumstances, be:

  • Processing necessary to comply with legal obligations
  • Explicit consent
  • Processing necessary to protect vital interests of individuals
  • The data has been manifestly made public by the data subject
  • Processing necessary for the establishment, exercise or defence of legal claims

I process personal data in the following ways:  

 Processing of personal data means anything from collecting, storing, using to sharing and deleting (see link above for more information).

Processing activity The legal basis How long I retain the data How the data may be shared
Receiving, storing and responding to general enquiries by letter, email or in person The processing is necessary for the performance of a task carried out in the public interest (Art 6(1)(e) GDPR).  The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest. For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT service providers, healthcare, social and welfare organisations, local and central government bodies, educators and examining bodies, law enforcement agencies, elected representatives, and parliamentary authorities.
Receiving, storing and responding to complaints by letter, email or in person Depending on the nature of the complaint, the processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (Art 6(1)(e) GDPR). For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT service providers, parliamentary authorities, elected representatives, and investigating bodies.
Receiving and storing data in relation to a personal issue or problem raised by a constituent (casework) The processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (Art 6(1)(e) GDPR).

Or, for special category data:

The processing is necessary for reasons of substantial public interest (Art 9(2)(g) GDPR and DPA Sch 1, para 23.

For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT service providers, healthcare, social and welfare organisations, local and central government bodies, public and private utility companies, educators and examining bodies, law enforcement agencies, elected representatives, and parliamentary authorities.
Collect and use data for the purpose of sending out newsletters with information about surgeries, office contact details and upcoming events and campaigns The processing is necessary for the performance of a task carried out in the public interest (Art 6(1)(e) GDPR). For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT and printing service providers and postal service providers.
Take, store and use photos and videos in connection with my engagements and events I attend in my capacity as a MSP. The processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (Art 6(1)(e) GDPR or Art 6(1)(f) GDPR). For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT and printing service providers and postal service providers.
Collect and use data for the purpose of sending out surveys to local constituents

 

The processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (Art 6(1)(e) GDPR).  The task is the engagement of constituents with their elected parliamentary representative. The accessibility of elected representatives is in the public interest. For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT and printing service providers and postal service providers.
Receiving, storing and responding to enquiries in relation to human resources (HR) matters by letter, email or in person The processing is carried out with the consent of the data subject (Art 6(1)(a) GDPR) OR

The processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (Art 6(1)(e) GDPR).

Or, for special category data:

The processing is necessary for reasons of substantial public interest (Art 9(2)(g) GDPR and DPA Sch 1, para 23).

For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT service providers, elected representatives, Parliamentary authorities, statutory law enforcement agencies and educators and examining bodies.
To process expenses, accounts and associated records The processing is necessary for the performance of a task carried out in the public interest or for the purpose of a legitimate interest (Art 6(1)(e) or 6(1)(f) GDPR).

 

For the period during which I am a Member of the Scottish Parliament. By letter, email or in person with organisations including but not limited to IT service providers, elected representatives and Parliamentary authorities.

 

Sharing of personal data:

 I sometimes may be required to share the personal information I hold with other individuals or organisations including for example:

  • healthcare, social and welfare organisations
  • local and central government bodies
  • educators and examining bodies
  • statutory law enforcement agencies
  • investigating bodies
  • elected representatives and other holders of public office
  • financial organisations
  • crime prevention agencies and the police
  • Parliamentary authorities

The legal basis for sharing data with these organisations may be:

that the sharing is necessary for complying with a legal obligation to which I am subject (Art 6(1)(c) GDPR;

the sharing is necessary in order to protect the vital interests of the data subject or of another person (Art 6(1)(d); or

the sharing is necessary for the performance of a task carried out in the public interest or substantial public interest (Art 6(1)(e) or Art 9(2)(g) GDPR.

I may seek your prior express consent to share your personal data with any of the following:

 employment and recruitment agencies

  • press and the media
  • family, associates and representatives of the person whose personal data I am processing
  • enquirers
  • subjects of complaints
  • political parties
  • charitable parties

The consequences of my not processing personal data are:

 Where I am processing personal data for the performance of a contract, the consequence of not processing the personal data is that I may not be able to fulfil my obligations under that contract.

Where I am processing personal data in accordance with a statutory obligation, the consequence of not processing personal data may be that I am liable to regulatory fines for non-compliance with that statutory duty.

Automated data processing:

I do not use automated processing techniques to process your data.

Sharing or processing personal data outside the European Economic Area:

I do not intend to share or process personal data in locations outside the EEA.

Retention of personal data:

I intend to retain personal data for the period that is necessary to carry out casework on behalf of my constituents, work on issues and campaigns I am involved in, to support my staff and maintain supplier information, expenses, accounts and associated records, and to communicate with constituents on matters of interest or relevance.

Using my website

 My website uses cookies to gather information about how visitors use my website to help me improve its performance, and secondly, to improve the visitor experience when using the website by delivering pages more quickly or remembering user settings.

The information I collect is anonymous – it cannot be used to identify you personally.

 Your rights

The GDPR sets out the rights which individuals have in relation to personal information held about them by data controllers. These rights are listed below, although whether you will be able to exercise each of these rights in a particular case may depend on the purpose for which the data controller is processing the data and the legal basis upon which the processing takes place (see the individual privacy notices listed above for further details in relation to specific processing activities).

Access to your information – You have the right to request a copy of the personal information about you that I hold.

Correcting your information – I want to make sure that your personal information is accurate, complete and up to date and you may ask me to correct any personal information about you that you believe does not meet these standards.

Deletion of your information – You have the right to ask me to delete personal information about you where:

  • You consider that I no longer require the information for the purposes for which it was obtained
  • I am using that information with your consent and you have withdrawn your consent.
  • You have validly objected to my use of your personal information –my use of your personal information is contrary to law or our other legal obligations.

 Objecting to how I may use your information – You have the right at any time to require me to stop using your personal information for direct marketing purposes.  In addition, where I use your personal information to perform tasks carried out in the public interest then, if you ask me to, I will stop using that personal information unless there are overriding legitimate grounds to continue.

Restricting how I may use your information – in some cases, you may ask me to restrict how I use your personal information.  This right might apply, for example, where I am checking the accuracy of personal information about you that I hold or assessing the validity of any objection you have made to my use of your information.  The right might also apply where this is no longer a basis for using your personal information but you don’t want me to delete the data.  Where this right to validly exercised, I may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Withdrawing consent using your information – Where I use your personal information with your consent you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Changes to my privacy statement

 I keep this privacy statement under regular review and will place any updates on this website.  Paper copies of the privacy statement may also be obtained using the contact information above.

This privacy statement was last updated on 25 May 2018.

Contact information and further advice

The contact details for the data controller’s Data Protection Officer (DPO) are:

Felicity Hollands

M2.11, The Scottish Parliament

Edinburgh, EH99 1SP

felicity.hollands@parliament.scot

0131 348 6980

 Complaints

I seek to resolve directly all complaints about how I handle personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office:

Online: https://ico.org.uk/global/contact-us/email/

By phone: 0303 123 1113

By post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF

  • Bio

    Born and raised in Coatbridge, Margaret has spent most of her life living and working in Central Scotland. She trained as a teacher and taught in primary and special education schools in Lanarkshire. However, Margaret left the profession in order to study law, and later graduated from Strathclyde University with an LLB and Diploma in Law and Legal Practice.

    Margaret is a former Justice of the Peace and Non-Executive Director of Hairmyres and Stonehouse NHS Trust. In 2003 she was elected as the Scottish Conservative list MSP for Central Scotland parliamentary region and from 2003 to 2007, was the Conservative Party's Justice Spokesperson. Margaret was then appointed as Convener of the parliament’s Equal Opportunities Committee a role which she held until 2011 after which Margaret was appointed as the Scottish Conservative Local Government Spokesperson. From 2013-16 she was reappointed as the party's Justice Spokesperson.

    In May 2016, Margaret was elected as Convener of the Scottish Parliament's Justice Committee and Deputy Convener of the Justice Sub-Committee on Policing. Margaret is also a member of the Commonwealth Parliamentary Association (CPA) Scotland Branch Executive Committee and sits on the Steering Group for the CPA Commonwealth Women Parliamentarian's British Isles and Mediterranean Region.

    Margaret is involved with many different cross-party groups (CPG) in the parliament; she is currently convener of the CPG on Dyslexia and of the CPG on Adult Survivors of Childhood Sexual Abuse. Margaret is also involved with several other CPGs including those on Taiwan.

    Margaret is married and lives in Bothwell with her husband Henry and their two westies Jack and Jamie. When time allows, she enjoys photography, cycling, golf and sailing.