Privacy and data protection policy
EU Regulation 2016/679, known as the General Data Protection Regulation (GDPR), entered into force on 25 May 2018. The regulation lays down rules relating to the protection of individuals with regard to processing of their personal data, and enshrines their right to the protection of personal data. We respect the GDPR and this policy explains how we collect and treat any such information you give us.
Under the data protection law you are entitled to obtain certain personal information that an organisation holds about you. You may do this by submitting a subject access request.
Subject to certain important exemptions, you are entitled:
- to be informed whether personal information about you is being processed by us;
- to be given a description of any such information;
- to be advised of the purposes for which that information is being processed; and
- to be advised of the people to whom the information may be disclosed.
In addition, you are entitled to have the content of the information communicated to you and to be told of the source of the information, if known. For further details, including how to submit a subject access request, see the Scottish Courts and Tribunals Service Data Protection page.
Information processing by the Lands Tribunal for Scotland
The Lands Tribunal for Scotland is a processor of personal data as defined by Article 4(8) of the GDPR.
What is being processed?
The Lands Tribunal for Scotland has statutory power to deal with various types of dispute involving land or property. Applications can be made under the various statutes listed at Specific Statutory Jurisdictions. The Tribunal can also accept a voluntary reference whereby parties in a land-based dispute which is not covered by the specific statutes may jointly request that the Tribunal acts as an arbiter to decide the matter.
The Lands Tribunal for Scotland therefore processes limited personal data in relation to certain property disputes. This typically consists of personal data in relation to identity, address, contact details, property rights and obligations. The Tribunal receives applications from parties involved in a dispute; carries out property register research pertaining to those applications; issues orders guiding and controlling the proceedings; conducts hearings to take evidence and hear the arguments of the parties to the dispute; and gives a written decision on all opposed cases. All such decisions are published on this web site at Previous Decisions.
Why are we processing this information?
Processing of tribunal 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 GDPR. The main authority for operation of the Tribunal is to be found in the Lands Tribunal Act 1949.
Do we process any special categories of personal data?
The Lands Tribunal does not process any of the special categories of personal data listed in Article 9(1) of the GDPR, that is: information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics (where used for identification), health, sex life or sexual orientation. The only anticipated, though rare, circumstance would be in a situation where a person sought a discharge of a hearing on grounds of ill-health and provided a soul and conscience doctor’s letter in support. Such a letter would be retained with the case papers. Any such processing would be 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 we get your personal data from?
The Lands Tribunal for Scotland may receive your data from the following sources:
- You may provide your own data to the Tribunal.
- Your solicitor, or other (legal) representative, may provide your data to the Tribunal.
- Registers of Scotland.
- Local Authorities.
- Landlords and other property owners.
- Advocacy Services.
- Companies House (re. title research).
How, when and why does the Lands Tribunal share this personal data with others?
Personal data may be shared with other property owners and Registers of Scotland where this is required by law. For example, Part 9 of the Title Conditions (Scotland) Act 2003 makes provision for the Tribunal to notify those with rights relating to the enforcement of title conditions of an application to the tribunal to vary or discharge such conditions. Registers of Scotland will be notified (by the parties) of the outcome of certain Lands Tribunal cases in order to give effect to a Tribunal decision in the property registers.
Do we transfer your personal data to other countries?
The Tribunal would only transfer data to another country if a party to an application resided in that country. In such circumstances, case papers would be sent to the named person by International Standard Delivery via the Royal Mail Group.
How long do we keep your personal data?
We retain hard copy Tribunal case papers for as long as a case, or an appeal of that case, is in process. Electronic copies of all case papers are stored securely on our case management system and processed in line with Scottish Courts and Tribunals Service (SCTS) retention and disposal polices.
Do we use “profiling” or automated processing of your personal data to make decisions about you?
We do not employ profiling or any form of automated decision making.
How does this policy apply to our web site?
You may access this web site in its entirety without giving up any personal data whatsoever.
We do not attempt to collect any personal information about you through the web site unless you provide it to us voluntarily; for example, by filling in our enquiry form or feedback form. We use this data only for the purpose for which you provide it; for example, to reply to a question you have asked. Any personal data collected in this manner shall be treated in accordance with the principles set out elsewhere in this policy.
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Links to other web sites
The SCTS general web site provides more information on GDPR principles and rights (PDF).