Non Involvement of Serious and Organised Crime Privacy Notice

First published

27 Aug 2024

Last updated

27 Aug 2024

Non Involvement of Serious and Organised Crime Privacy Notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

Who do I contact about my personal information?

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Why does the Council process personal information?

Stirling Council is obliged as a public body to exclude tenders from individuals and organisations who have convictions, or have been involved in criminality. 

The Strategic Commissioning team will pass bidder and contract information to Police Scotland. The contract information includes the agreed cost of services, duration of service, type of service and location of service purchased.

The contracts for at risk categories are checked with Police Scotland to ensure that contracts are not placed with organisations involved in Serious Organised Crime.

The type of personal information we collect

Stirling Council will share details of companies, directors, and other persons with powers of control and decision-making in the prospective contractor and subcontractors, this includes:

  • Name
  • Addresses including personal and business locations
  • Date of birth
  • Details of interest or concern

What makes it lawful for the Council to process this personal information?

Processing is necessary to fulfil a legal obligation to ensure that public contracts are awarded only to those contractors who are not to be excluded as required by:

  • The Public Contracts (Scotland) Regulations 2015 (s.58)
  • The Procurement (Scotland) Regulation 2016 (s.8)

Processing is further permitted through the legal gateway enacted through the Data Protection Act 2018 Schedule (2) Part (1) Section (2)(1)(A) for the purposes of prevention and detection of crime 

Where does the Council obtain personal information from?

The personal data is requested from the bidder as part of the tender documentation pack. The bidder completes the relevant form and submits with their bid before the tender deadline, through a secure online electronic post-box on the Public Contracts ScotlandTender (PCST) website.

Police Scotland may share:

  • Details of previous, relevant convictions as detailed within Section 58 Public Contracts (Scotland) Regulations 2015
  • Details of other relevant pertinent information as thought necessary.

Where does the Council keep personal information?

Data is kept in electronic format on the secure website (PCST), and electronically on the secure network drive restricted to Strategic Commissioning team members.

How long does the Council keep personal information?

The information will be held for the duration of the contract. 

Who does the Council share personal information with?

Personal data is shared with Police Scotland.

Your rights

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

Access to your information

You have the right to request a copy of the personal information that we hold about you. This is known as a subject access request and is free of charge.  We must respond within one month, although this can be extended to three months if the information is complex.

Correcting your information

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

Deleting your information

You have the right to ask us to delete personal information about you where:

  • you think that we no longer need to hold the information for the purposes for which it was originally obtained
  • we are using that information with your consent and you have withdrawn your consent - see the 'withdrawing consent to using your information' section below.  Please note that in general we do not rely on consent as the legal basis for processing your personal information
  • you have a genuine objection to our use of your personal information - see 'objecting to how we may use your information' below
  • our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information

You have the right at any time to tell us to stop using your personal information for direct marketing purposes, profiling or research purposes. 

Restricting how we may use your information 

In some cases, you may ask us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information that we hold about you or we are assessing the objection you have made to our use of your information. 

This right might also apply if we no longer have a basis for using your personal information - but you don't want us to delete the data.  Where this right is realistically applied will mean that we 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 to use your information

Where we 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.

Your request to transfer your data

If we are processing your personal information with your consent or as part of a contract with you, and it is held in an accessible and machine-readable format, you have a right to ask us to transmit it to another organisation. This is known as the right to data portability.

Our profiling or automated decision-making processes

We make some use of automated decision-making processes but very little use of profiling.  Where these techniques are used, this will be explained in the specific privacy statements relating to those functions, together with a description of the reason involved in any automated decision-making.

Complaints and comments

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.

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