Privacy Notice

This is the Privacy Notice of the office of David Linden, Member of the Scottish Parliament (MSP).

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

My office address and contact details are:

Address: Academy House, 1346 Shettleston Road, Glasgow, G32 9AT

Email: david.linden.msp@parliament.scot

Phone: 0131 348 5683

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, either directly from the information or indirectly from that information in combination with other information that may be available.

What is processing of personal data?

Processing means any operation which is performed on personal data and includes collecting, recording, retaining, using, sharing and deleting personal data. I will process personal data in accordance with the data protection principles. You can access information about the data protection principles on the ICO website at the following link: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and resources/data-protection-principles/

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 handle issues and campaigns I am involved in;
  • to maintain supplier relationships;
  • to process expenses, accounts and associated records.

If you contact me, I will normally need to store your name, address (email and/or postal) and contact details together with information about the nature of your enquiry. This is referred to as 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 what is referred to as special category data. For example, this could include more sensitive information 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.

You may also share information about criminal convictions and offences, including allegations or related security measures. This is referred to as criminal offence data. 

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 legal bases for processing are set out in Article 6 of UK GDPR and can be accessed on the ICO website at the following link: https://ico.org.uk/for organisations/uk-gdpr-guidance-and-resources/lawful-basis/a-guide-to-lawful-basis/.

Where the processing involves special category and/or criminal offence data in addition to a legal basis I must also have a condition for processing in terms of Article 9 (for special category data) and Article 10 (for criminal offence data) together with a public interest condition in terms of Schedule 1 of the Data Protection Act 2018. The conditions for processing can be accessed on the ICO website at the following links: 

Special category data: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and resources/lawful-basis/special-category-data/ 

Criminal offence data: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and resources/lawful-basis/criminal-offence-data/ 

Constituency casework

If you, as a constituent, ask me to act on your behalf, the legal basis for processing your personal data is that it is necessary for a task carried out in the public interest or, for special category and criminal offence 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 and criminal offence 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, Article 10 GDPR, and paragraph 23 of Schedule 1 of the DPA).

Parliamentary motions and questions 

I may also process your personal data for the purposes of submitting parliamentary motions and questions to the Scottish Parliament. 

In these circumstances the legal basis for processing is as follows: 

  • the processing is necessary for the performance of a task carried out in the public interest (Article 6(1)(e) UK GDPR and section 8(c) DPA) where I am satisfied that the raising of awareness/encouraging debate on an important issue in a motion is necessary to carry out my functions as an MSP. 
  • the processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party (Article 6(1)(f) UK GDPR). The legitimate interests can be individual interests or broader societal benefits. This may be appropriate, for example, where I consider that it is necessary to include your personal data in a motion for the legitimate interest of raising awareness about the efforts of a particular constituent.
  • Where you have given me your consent to sharing information about you in a parliamentary motion or question subject to the right to withdraw consent (Article 6(1)(a) UK GDPR). 

Where the processing of personal data in a parliamentary motion or question involves processing of special category and/or criminal offence data, the conditions for processing are as follows: 

  • The processing is necessary for reasons of substantial public interest in relation to the exercise of a function conferred on a person by enactment or rule of law (Article 9(2)(g) and section 10(3) DPA and paragraph 6, Part 2 of Schedule 1 to the DPA). Parliamentary questions serve a range of functions and are a key mechanism by which MSPs can obtain information from the Scottish Government and the SPCB which closely relates to their role of holding the government to account. 
  • The processing is in connection with the discharge of my role as an MSP in response to a request by an individual or a constituent for me to take action on their behalf (Article 9(2)(g) UK GDPR, section 10(3) and paragraph 23, Part 2 of Schedule 1 to the DPA); 
  • explicit consent (Article 9(2)(a) UK GPDR) has been given by the person named in the motion or who the question is about. 
  • The processing relates to personal data that is manifestly made public by the person whose details are being used (Article 9(2)(e) UK GDPR). 

 

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.

For any sensitive (special category or criminal offence data), the legal basis relied upon may, depending on the circumstances, be:

  • 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.

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

Depending on the circumstances, 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 

  • 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

Please note that sending personal data outside the EEA includes using online services) email distribution, survey software etc.) that are based outside the EEA.

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

Retention of personal data

I 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, and to maintain supplier information, expenses, accounts and associated records.

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. Additionally, videos on the website may use cookies created by third-party providers such as YouTube.

The information I collect is anonymous – it cannot be used to identify you personally. Further information on the way that I use cookies and how you can set your browser to control cookies is available in my cookie policy here.

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 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 we 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 or for a legitimate interest then, if you ask me to, I will stop using that personal information unless there are overriding legitimate grounds to continue.

Restricting how we 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 is 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.

Please contact me using the contact details provided above.

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 27/07/2026. 

Complaints

If you are concerned that my office has not handled your personal information properly you can make a complaint to me at the following address: david.linden.msp@parliament.scot. I will acknowledge your complaint within one month of receiving the complaint and respond to the complaint without undue delay. If, having made a complaint, you are still concerned that your personal information has not been handled properly, you also have the right to lodge a complaint with the Information Commissioner’s Office. 

 

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