Processing by the First-tier Tribunal for Scotland Social Security Chamber
What is being processed?
The First-tier Tribunal for Scotland Social Security Chamber deals with appeals arising from a decision by the Social Security Scotland Agency acting on behalf of Scottish Ministers.
Data will typically include details of an appellant, their benefit type, evidence which supports their application/re-determination, reasons for the re-determination and reasons for their appeal. The data will be provided by either the appellant themselves, their appointee or by their appointed representative. The clerk to a tribunal hearing will make a digital record of the hearing using a digital recording device in accordance with the Social Security (Scotland) Act 2018 as stated in Rule 19 of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018. All participants in the hearing will be informed of the recording process and SCTS’ retention and access policy. The audio recording is for Judicial use only.
After the hearing, the clerk will upload the audio file to a secure folder on the SCTS network and will be held there one year after the last date of the hearing before it is deleted, ability to access this folder will be restricted and access to recordings will be at the discretion of the Chamber President.
From September 2022 Appellants will have the option to access the Social Security Chamber Web Application which will allow Appellants to view (only) online, the progress, and current status of the appeal case as well as all data / documentation related it their case. If appellants have provided Social Security Scotland with an email address, mobile telephone number and National Insurance Number they will be contacted by email by the Social Security Chamber with instructions on how to approve and sign into a Web Application account. If a Web Application account is created it will be accessible for 365 days after the disposal of an appeal after which point the account will be deleted.
Why are we processing this information?
Clients who are unhappy with their initial entitlement decision can request that Social Security Scotland (“the Agency”) perform a re-determination. During a re-determination, the Agency will put aside the original determination and a different, independent officer from another team in the Agency will go through the process of making a new determination. If the client is still dissatisfied, they can request that their case is considered by the First-tier Tribunal for Scotland Social Security Chamber. To facilitate this, Social Security Scotland will send the client’s appeal request to the Tribunal, along with all of the data which was collected in the initial application processes and the re-determination. After the appeal has been lodged with the Tribunal, Social Security Scotland will have 31 days to send a submission, in their capacity as a party to the appeal. This submission will contain their reasoning for the decisions which have been made in relation to the client’s entitlement.
There is an alternative appeals process for clients who wish to dispute a process decision. In this case clients will send their request for an appeal directly to the First-tier Tribunal for Scotland Social Security Chamber. More information on this process can be found in the Social Security Directorate Programme DPIA.
Processing of Chamber 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(1)(e) of the UK GDPR.
If you have a case the tribunal will process your personal data in order to discharge its statutory duties in accordance with the Social Security (Scotland) Act 2018 and The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018.
What categories of personal data are we processing?
From the special categories of data listed in Article 9(1) of the UK GDPR, the Tribunal will occasionally process special category data in terms of health. It is however possible that other special category data might feature in a particular case. This processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity in terms of Article 9(2)(f) of the UK GDPR.
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
- Your representatives may provide data to the Tribunal
- Social Security Scotland
- Other Government Agencies
- Local Authorities
- Advocacy Services
- Legal professionals
- Other professionals
How, when and why does the SCTS share this personal data with others?
Case information will be accessed by SCTS administrative staff, members of the First-tier Tribunal for Scotland and Social Security Scotland to the extent necessary to facilitate a hearing and to support the work of the tribunal. Tribunal hearings are open to the public. Access to case information or audio recordings will only be granted to parties of the hearing where the Chamber President believes that this will support access to justice.
- In any case type, where the tribunal decides that expert evidence is required to assist in determining the case, relevant data pertaining to the case will be shared with the third party. All parties will be made aware of this at the time, and will receive a copy of any report received by the third party.
- If information comes to light which raise concerns about the safety of an individual, this may be passed on to the appropriate authority for investigation.
Do you transfer my personal data to other countries?
How long do you keep my personal data?
We do not retain hard copy Tribunal case papers. In line with our records management plan, electronic copies of all case papers are stored securely on our case management system for a period of 6 years.
Do you use automated decision making or profiling? If so, how do you use my personal data to make decisions about me?
No automated decision making or profiling is undertaken by the First-tier Tribunal for Scotland Social Security Chamber.