Processing by the First-tier Tribunal for Scotland Social Security Chamber
What is being processed?
The First-tier Tribunal for Scotland Social Security Chamber (“the Tribunal”) decides on appeals from decisions by Social Security Scotland. This means that the Tribunal will handle some
personal data. The personal data held by the Tribunal includes the details of the appellant, their benefit type, evidence which supports their application/re-determination, reasons for the re-determination and reasons for the appeal.
The clerk will make a digital record of oral hearings using a digital recording device in accordance with Rule 19 of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, as amended, (“the Rules”). The
audio recording will be held for 60 days after the appeal has been finally decided. The audio recording is for judicial use only.
Why are we processing this personal data?
Processing of personal data in an appeal 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 GDPR.
What categories of personal data are we processing?
From the special categories of data listed in Article 9(1) of the 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 appeal. 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 GDPR.
Where do you get my personal data from?
The Tribunal may receive your data from the following sources amongst others:
- You may provide your own data to the Tribunal
- Your representative may provide data to the Tribunal
- Social Security Scotland
- Other Government Agencies
- Local Authorities
- Advocacy Services
- Other professionals
How, when and why does the SCTS share this personal data with others?
As we are required to do in terms of the Rules, we will send copies of any relevant documentation in the appeal to parties and their representatives, if any.
If the Tribunal decides that expert or independent evidence is required to assist in determining the appeal, relevant data relating to it 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 provided.
If information comes to light which raises 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 retain hard copy Tribunal case papers for as long as an appeal is in process. Electronic copies of all appeal papers are stored securely on our case management system in line with our records management plan.
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.