Privacy statement

Who we are

This is the privacy statement of the Queen’s and Lord Treasurer’s Remembrancer.

This statement generally

This privacy statement explains how we collect and use personal information about you.

Types of personal information we collect

We may collect, use and store different types of personal information about you, which we have grouped together as follows:

Types of personal information

Description

Identity Data

ID information, including your name, marital status, title, date of birth, nationality and gender. In some limited circumstances this will also include your driving licence number, passport information and birth certificate to help us to verify the validity of your claim(s).  

Contact Data

Where you live and how to contact you, including email, postal address and telephone number.

Financial Data

Your financial position, status and history, including bank details.

Transactional Data

Details about payments to and from you.

Contractual Data

Information obtained by dealing with you in the course of carrying out our functions as a public authority.

Occupational Data

Details about your work or profession, including information regarding any directorships or shares that you hold in any companies.

Communications Data

What we learn about you from letters, emails and conversations between us, including social media account handles.

Social Relationships Data

Details about your family, friends and other relationships.

Publicly Available Data

Details about you which are publicly available, such as on social media platforms or elsewhere on the internet.

Special Category Personal Data

Some types of personal data are defined as special. We will only collect and use these types of data if the law allows us to:

  • Racial or ethnic origin
  • Religious or philosophical beliefs
  • Trade union membership
  • Genetic or biometric data
  • Health data including gender
  • Criminal convictions data

We do not usually collect Special Category Personal Data unless there is a clear reason for doing so. For example, if you are applying for a job or position with us, we may collect information about your disability status to determine whether you qualify for the guaranteed interview scheme (GIS) and/or to enable us to provide appropriate adjustments during the recruitment process.

 

How we use your personal information

The table below outlines how we may use your personal information and our reasons. Where these reasons include legitimate interests, we explain what these legitimate interests are.

What we use your information for

Our reasons

Our legitimate interests

Generally

  • To carry out our functions as a public authority and contact you in the course of carrying out those functions, including where we exercise the Crown’s rights under the Companies Act 2006 and process claims to: (i) a person’s estate falling to the Crown as ultimus haeres; and (ii) land or other assets falling to the Crown as bona vacantia

 

  • Legal obligations
  • Performance of a task in the public interest   

 

  • To process and manage payments to you

 

  • To collect and recover money that is owed to us

 

  • Performance of a task in the public interest

 

  • To run our organisation in an efficient and proper way. This includes managing our business capability, risks, planning, communications, corporate governance and audit

 

  • Legal obligations
  • Legitimate interests   
  • To be efficient about how we fulfil our legal duties

 

  • To comply with regulations that apply to us
  • To comply with legal or regulatory requirements

 

  • Legal obligation
  • Legitimate interests
  • To be efficient about how we comply with our legal duties

 

  • To protect our reputation
  • To establish, enforce and defend legal claims

 

  • Legal claims
  • Legitimate interests
  • To comply with laws and regulations that apply to us

 

  • To respond to questions or complaints

 

  • To maintain records to evidence matters that may be in dispute

Recruitment – All QLTR staff are employed by the Crown and Procurator Fiscal’s Office and seconded to us, however we may collect the information below during the recruitment process.

  • To process a job application, including to communicate with you about the recruitment process

 

  • Employment purposes
  • Legitimate interests
  • Recruitment and resourcing

 

  • To decide whether to recruit you for the role
  • To keep records related to our hiring processes

 

  • Employment purposes
  • Legitimate interests
  • To run our business in a proper and efficient way
  • To determine whether we need to provide appropriate adjustments during the recruitment process (by collecting information about your disability status)

 

 

  • Employment obligations
  • Legal obligation
  • Legitimate interests
  • Recruitment and resourcing

 

  • To allow us to implement appropriate adjustments

 

  • To comply with regulations that apply to us
  • To ensure meaningful equal opportunity monitoring and reporting (by collecting information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation)

 

  • Employment obligations
  • Legal obligation
  • Legitimate interests
  • Recruitment and resourcing

 

  • To allows us to implement meaningful equal opportunity monitoring and reporting within our organisation

 

  • To comply with regulations that apply to us

When you visit our premises

 

  • To register you as a visitor when you visit our premises and ensure your health and safety when you are on our premises

 

  • Legal obligations
  • Vital interests
  • Legitimate interests
  • To prevent crime and for public safety (including the safety of our own employees)

 

  • To keep our premises secure

 

  • For incident/breach reporting, management and investigation

 

  • To ensure your health and safety whilst on our premises
  • Prevention of crime and public safety, including through the use of CCTV. We share our premises with the Scottish Government. For the purposes of data protection law, the Scottish Government is therefore a data controller in respect of any CCTV footage captured. Please see the Scottish Government Privacy Policy for more information. 

 

  • Legal obligation
  • Legitimate interests
  • To manage the risk of crime and safety for us, our employees and you

 

  • To develop and improve how we deal with crime

 

  • To report criminality or the suspicion of criminality for the wider benefit of society

 

  • To be efficient about how we fulfil our responsibilities

 

 

Where we collect your personal information from

We may collect personal information about you (or your business) from the following sources:

  • Directly from you (e.g. when you talk to us over the phone or email us)

  • Incidentally from your relatives (e.g. if other members of your family are making enquiries or a claim regarding a deceased person’s estate)

  • Local authorities and regulators such as the Scottish Environmental Protection Agency (SEPA)

  • The National Ultimus Haeres Unit (NUHU) – the body responsible for investigating and dealing with the estates of individuals who have died intestate and who have no traceable relatives

  • Social networking sites

  • Publicly available resources, such as Registers of Scotland and Companies House

  • Recruitment agencies, background check providers and credit reference agencies

  • Former employers or other referees

  • Agencies and other third parties who make representations about your conduct (e.g. where you are a former director of a company that has dissolved)

  • CCTV footage

  • The police and other law enforcement agencies such as the Specialist Crime Division

     

Who we share your information with

We may share your personal information with the following third parties:

  • The Crown Office and Procurator Fiscal Service (COPFS), Scotland’s prosecution service and our parent body

  • The Scottish Public Services Ombudsman (SPSO) – the body responsible for handling complaints against the Scottish Government and its agencies, departments and authorities

  • The NUHU

  • Other organisations and service providers who we use to help us carry out our functions, including the provider of our case management system Sopra Steria (https://www.soprasteria.co.uk/)

  • The police and other law enforcement agencies

  • Relevant regulators, including the Information Commissioner’s Office (ICO) in the event of a data breach, the Scottish Environment Protection Agency (SEPA), the Law Society of Scotland and the Scottish Legal Complaints Commission

Beyond this, we will only share your personal information with another organisation where you have given us your consent, or where we have another lawful basis for doing so. As a Scottish public authority, we are bound to comply with our obligations under the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (EISR). We will only share your personal information where we are required or permitted to do so under the FOISA or EISR.

How we use your information to make automated decisions

You will not be subject to decisions that will significantly impact on you based solely on automated decision-making.

If you choose not to give your personal information

Where we need to collect your personal information in order to meet our legal obligations or carry out our functions and you fail to provide that data when requested, it may delay or prevent us from being able to carry out our functions or comply with our legal obligations as a public body. In some cases, we may be unable to process a payment concerning money which is due to you.

How long we keep your personal information

We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations. We will hold your personal information on our systems for as long as is necessary for the relevant activity. Where your information is no longer required, we will ensure that it is disposed of in a secure manner. For more information on our approach to data retention please refer to Annex 3 of our Records Management Plan, available at:

 http://www.qltr.gov.uk/content/records-management-plan

Where we hold your personal information internationally

As a public authority, we hold all personal information concerning our affairs within the United Kingdom.

We will only send your personal information outside the European Economic Area (EEA) where you are based outside the EEA and you instruct us to, or where you ask us to process payments outside the EEA.

Using our website

Our website http://www.qltr.gov.uk/ uses a session cookie when you are browsing the website in order to check that you have JavaScript enabled and also to set which Google Translate language to present the page content in. No Google Analytics or other third party cookies are used.

Your rights

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

Correcting your information – We want to make sure that your personal information is accurate, complete and up to date and you may ask us 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 us to delete personal information about you where:

  • You consider that we no longer require the information for the purposes for which it was obtained

  • We are using that information with your consent and you have withdrawn your consent – see Withdrawing consent to using your information below

  • You have validly objected 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 require us to stop using your personal information for direct marketing purposes.  In addition, where we use your personal information to perform tasks carried out in the public interest or pursuant to the legitimate interests of us or a third party then, if you ask us to, we 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 us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our 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 us to delete the data.  Where this right to validly exercised, 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.

Portabilityif we process personal information that you provide to us on the basis of consent or because it is necessary for the performance of a contract to which you are party, and in either case that processing is carried out by automated means, then you have the right to have that personal information transmitted to you in a machine readable format. Where technically feasible, you also have the right to have that personal information transmitted directly to another controller.

Automated processing – if we use your personal information on an automated basis to make decisions which significantly affect you, you have the right to ask that the decision be reviewed by an individual to whom you may make representations and contest the decision.  This right only applies where we use your information with your consent or as part of a contractual relationship with you

Withdrawing consent using 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.

Please contact us if you wish to exercise any of these rights.

Changes to our privacy statement

We keep this privacy statement under regular review and will place any updates on this website. 

How to contact us

Our contact details are on this website at the following link:

http://www.qltr.gov.uk/content/contact-us

Complaints

We seek to resolve directly all complaints about how we 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

 

This privacy statement was last updated on 15 May 2018