Privacy Notice
Parking and Bus Lane Tribunal for Scotland
Online Appeals Service – Privacy Notice
Introduction
The General Data Protection Regulation 2016 (GDPR) and Data Protection Act 2018 regulate the processing of personal data and provide individuals with certain rights concerning the way in which their data is processed.
This privacy notice tells you what to expect when the Parking and Bus Lane Tribunal for Scotland collects your personal information in relation to your appeal
The legislation can be viewed at:
https://www.legislation.gov.uk/ukpga/2018/12/pdfs/ukpga_20180012_en.pdf
About the Parking and Bus Lane Tribunal for Scotland (PBLTS)
The Parking and Bus Lane Tribunal for Scotland (PBLTS) comprises of appointed independent adjudicators and a small team of administrative staff who work on their behalf.
The parking appeals process is underpinned by The Road Traffic Act 1991 (the 1991 Act) and Bus Lane Appeals are underpinned by the Transport Act 2000 and The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011.
Adjudicators consider parking appeals against Penalty Charge Notices (PCNs) issued by a number of councils within Scotland for parking contraventions and bus lane charge notice appeals for three councils for bus lane enforcement charge notices.
The small team of administrative staff, employed by the Driver and Vehicle Standards Agency (DVSA), supports the work of the Adjudicators. The team are based in Edinburgh and they provide customer service support, process appeals and schedule hearings.
The Lawful Basis for Processing your Personal Data
Article 6 of the General Data Protection Regulation sets out the lawful basis for processing personal data. The Parking and Bus Lane Tribunal for Scotland’s lawful basis for processing data is because it performs a public task and the processing is necessary to perform a task in the public interest and for its official functions, and the task and function has a clear basis in law.
The regulations can be seen at:
https://www.legislation.gov.uk/ukpga/2018/12/pdfs/ukpga_20180012_en.pdf
How we use your personal data
To appeal to the tribunal, you will need to provide personal information. This will include your name, address, contact and vehicle details and any other personal information you provide in your appeal.
The personal information you provide will be used by the adjudicator to decide your appeal. By submitting your appeal and any supporting information and documents you are agreeing to the tribunal using it for this purpose and disclosing it to the council authority who will be responding to your appeal, the adjudicator who will be making the decision and tribunal staff working on behalf of the adjudicator. The adjudicator uses this information and the information provided by the respondent council authority to reach his/her decision.
When you provide us with your personal data in your appeal, we take your confidentiality and our compliance with the General Data Protection Regulation 2016 and Data Protection Act 2018 very seriously.
As part of your appeal you may choose to provide information which is considered a special category or data which is particularly sensitive, for example details of a medical condition. By submitting such documents you are giving consent to the information being used for the sole purpose of deciding your appeal in accordance with the provisions laid out in article 9(2)(a) of the GDPR. The legislation can be seen at:
https://www.legislation.gov.uk/ukpga/2018/12/pdfs/ukpga_20180012_en.pdf
How long will we store your data?
The tribunal is required under statute of the Road Traffic Act 1991 to maintain a register of decisions. The data involved in this register includes the case reference number, the decision of the appeal and reference to facts or evidence of the appeal. Some of your personal data will be retained for the purposes of maintaining that register.
Full case information will be held on a database for a period of 5 years. This database is used to allow adjudicators to reference previous cases, answer Freedom of Information Requests and may be used for cases submitted for a judicial review.
Paper based case information and documents will be retained for 2 years except in cases where the adjudicator has determined that the case is of judicial interest. In which case relevant evidence will be kept for longer.
How we will store your data
The Parking and Bus Lane Tribunal for Scotland takes data security very seriously and we take every step to ensure that your data remains private and secure. All data collected through the online appeal system and stored in our secure database is kept entirely within the European Economic Area (EEA) unless otherwise stated below.
The tribunal uses:
Resolver and the Traffic Penalty Tribunal to supply the online appeal system. Further information about privacy can be found at https://www.resolver.co.uk/our-privacy-policy and https://www.trafficpenaltytribunal.gov.uk/privacy-notice/
Mygov.scot provide the domain and information pages. Further information about privacy can be found at https://www.mygov.scot/privacy/
MailChimp to send emails. Further information about privacy can be found at https://mailchimp.com/legal/privacy/.
Google Docs for word-processing. Further information about privacy can be found at https://www.google.com/intl/en/policies/privacy/.
Survey Monkey to obtain user feedback. Further information about privacy can be found at: https://www.surveymonkey.com/mp/legal/privacy-policy/?ut_source=gdpr_consent_banner
Keeping your data secure
Transmitting information over the internet is generally not completely secure and we cannot guarantee the security of your data. We take data security very seriously and take every step to ensure that your data remains private and secure. We encrypt all data transferred to and received from our systems.
Sharing your data
The appeals process is underpinned by statute and as part of the judicial process it is necessary for the tribunal to disclose your appeal to the authority that issued your penalty charge notice so that they may respond to your appeal.
We will never share your information with other organisations for their marketing, market research or commercial purposes and we don’t pass on your personal information to any other web sites.
Visitors to our website
When someone visits foam.appealparkingorbuslanefine.gov.scot or tro.appealparkingorbuslanefine.gov.scot, we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. This information is only processed in a way that does not identify anyone.
Use of Cookies by the Parking and Bus Lane Tribunal for Scotland
You can read more about how we use cookies at https://tro.appealparkingorbuslanefine.gov.scot/cookie-policy/
If you have questions about how we use your data
If you have any questions about how the tribunal uses your data, you can contact us using the details below.
Individuals’ access rights
You can find out if we hold any personal data about you by making a ‘subject access request’. To make a request please contact us using the details below.
Email: info@appealparkingorbuslanefine.gov.scot
Telephone: 0330 123 5581
Post:
Parking and Bus Lane Tribunal for Scotland
The Stamp Office
10 Waterloo Place
Edinburgh
EH1 3EG
If you have concerns about how the tribunal uses your data, you can contact:
The Information Commissioner’s Office on 0303 123 113