Privacy Notice
General Information
Marketing
The Mental Health Tribunal for Scotland (the Tribunal) and the Scottish Courts and Tribunals Service (the SCTS) will not share personal data with third parties for marketing purposes.
Research
The Tribunal and the SCTS may grant to certain pre-approved researchers research access to historical case data for research purposes (e.g. sociological research on access to justice), subject to suitable protections for the privacy of those featured in the cases.
Right to erasure
You have the right to request that we cease or limit our processing of your personal data. Please note that this right is unlikely to apply where processing remains necessary in relation to the purposes for which they were collected.
Data Protection Officer / Data Controller
The Tribunal and the SCTS are Data Controllers. The Data Protection Officer is Leanne Jobling, Head of Information Governance and Correspondence. Please email dpo@scotcourts.gov.uk for further information.
Principles Relating to Processing of Personal Data
Article 5 of the General Data Protection Regulation (the GDPR) obliges the Tribunal and the SCTS to ensure that personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date (every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay) (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
Privacy Notice
Why are you processing my personal information?
Processing of tribunal case information is “necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller” in terms of Article 6(e) of the GDPR.
The Mental Health Tribunal for Scotland is processing your data in order to discharge its statutory duties in accordance with the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act).
What categories of personal data are you processing?
From the special categories of data listed in Article 9(1) of the GDPR, the Tribunal will be processing data on health and on racial and ethnic origin in every case. It is however possible that any of the other special categories of personal data could feature in any one case. Processing of this data is necessary in terms of Article 9(2)(f), which provides that "processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity".
Where do you get my personal data from?
The Tribunal may receive your data from the following sources:
- You may provide your own data to the Tribunal (via letters of appeal, emails, other representations or orally via telephone or at Tribunal hearings)
- Local authorities (e.g. mental health officers who can make applications and submit representations to the Tribunal)
- NHS (e.g. responsible medical officers who can make applications and submit representations to the Tribunal)
- Legal professionals (these may be legal representatives whom you have appointed to act on your behalf and who can submit letters of appeal or other representations on your behalf)
- The Mental Welfare Commission (via references to the Tribunal)
- Advocacy Services (via reports or statements)
- The Scottish Ministers (who may submit references to the Tribunal).
Do you share my personal data with anyone else?
To allow the Tribunal to discharge its duties in accordance with the provisions of the 2003 Act, the Tribunal may share your data with the following organisations/people:
- Local authorities (e.g. mental health officers)
- NHS (e.g. responsible medical officers)
- Legal professionals (these may be legal representatives whom you have appointed to act on your behalf)
- The Mental Welfare Commission for Scotland
- Advocacy Services
- The Scottish Ministers
Do you transfer my personal data to other countries?
The Tribunal would only transfer data to other countries to a named person who does not reside in the United Kingdom. In such an instance, case papers would be sent to the named person by International Standard Delivery via the Royal Mail Group Ltd.
How long do you keep my personal data?
We will only retain your data for as long as necessary to process your case in line with our Retention and Disposal Schedule.
What rights do I have?
- You have the right to obtain confirmation that your data is being processed, and access to your personal data
- You are entitled to have personal data rectified if it is inaccurate or incomplete
- You have a right to have personal data erased and to prevent processing in specific circumstances
- You have the right to ‘block’ or suppress processing of personal data in specific circumstances
- You have the right to data portability in specific circumstances
- You have the right to object to the processing in specific circumstances
Contact us
If you have any general queries regarding the content of this privacy notice or would like further information about any part of it, please contact us at MHTSPresidentsOffice@scotcourtstribunals.gov.uk.
Data Controller
- The President's Office
Mental Health Tribunal for Scotland
Hamilton House
Hamilton Business Park
Caird Park
Hamilton
ML3 0QA
Email: MHTSPresidentsOffice@scotcourtstribunals.gov.uk
- Leanne Jobling
Head of Information Governance and Correspondence
SCTS
N1 Spur
Saughton House
Brookhouse Drive
Edinburgh
EH11 3XD
Email: dpo@scotcourts.gov.uk
How do I complain if I am not happy?
If you are unhappy with any aspect of this privacy notice, or how your personal information is being processed, please contact the SCTS Data Protection Officer at:
If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):
- Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Email: icocasework@ico.org.uk
https://ico.org.uk/global/contact-us/