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Privacy Notice

1. Introduction

The EMFF programme is a grant funding scheme regulated by the European Commission.  Grant funding is available for eligible applicants undertaking various activities as set out in EU Regulation 508/2014.

Marine Scotland’s role in EMFF scheme is to validate the eligibility of applicants, validate that the EMFF project appliations are eligible and meet the criteria of the EMFF scheme.  Marine Scotland will also pay out grants to applicants once a decision has been made to offer grant funding which is accepted by the applicant.

The purpose of this Privacy Notice is to achieve three things:

  1. Explain the way we will use the information collected under this scheme

  2. Ensure that you understand what information we will collect from you and what we will do and will not do with this information

  3. Hold us accountable for protecting your rights and privacy under this notice

2. The Information

Under the EMFF scheme the following information is collected and stored and can include

  • Your name, date of birth, address and full contact details

  • Copies of your passport, driving licence and utilitiy bills

  • Gender

  • VAT Status

  • Bank account details

  • Vessel ownership and registration details

  • Accounts/financial information

3. How the information will be collected

Marine Scotland will collect personal information about you through the registration, application and claim form on the EMFF grant application portal.  It will either be directly received from you or your approved agent.

4. Legal basis on which we hold this information

The legal basis on which Marine Scotland relies to collect, use, share and otherwise process the information is in the pursuit of our public task.

5. How the information will be used

Marine Scotland will only use your personal information to assess your EMFF grant application for eligibility and for EMFF grant claims to determine that you have defrayed the eligible expenditure in accordance with the terms and conditions set out in the EMFF offer letter. Marine Scotland will use your personal information in the following circumstances:

  • Where it is necessary for performing the contract we have entered into with you

  • Where Marine Scotland needs to comply with a legal obligation

  • Where it is in the public interest to do so

  • Making a decision about your EMFF grant application

  • Checking you are legally entitled to apply for an EMFF grant

  • For any audit by Scottish Government Internal Audit, Marine Management Organisation (MMO), UK Audit Authority, European Commission or European Court of Auditors

  • To prevent fraud

6. Sharing information

Marine Scotland will share information collected under the EMFF scheme with other Scottish Government Directorates to comply with the EMFF Regulations and to enable grant payments to be made.

Information will be shared with the following under an information sharing agreement for the following purposes –

  • Leidos – who manages the Esystem on behalf of Marine Scotland

  • Fisheries Local Action Groups (FLAG) – to manage and administer FLAG EMFF grants on behalf of Marine Scotland

As a public authority, in certain situations, we may also be required by law to disclose information about you to other public authorities. For example, information may be disclosed where this is required to meet HMRC statutory requirements, any national security and/or law enforcement requirements. However, any personal data shared under this scheme is only to the extent, and in such manner, as is necessary for the purposes of the scheme or as is required by Law.

7. Storing information

We will only hold the information collected under this scheme while there is an ongoing business need or Regulatory requirement to retain the information.

8. Accessing and updating information

Under the GDPR/Data Protection Bill/Act 2018 you have a number of rights, these include:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

If you would like a copy of some or all of your personal information or to seek to exercise any of the rights listed above, please email dpa@gov.scot or write to us at the following address:

The Data Protection Officer
Data Protection and Information Assets Team
V Spur, Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Further information about the rights that you have under GDPR/Data Protection Bill/Act 2018 is accessible at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

You may also ask for any personal information about you collected under this scheme to be corrected, updated, amended and/or removed by contacting the email address listed at the end of this Notice. However, your personal information cannot be removed once you have received and accepted an offer of EMFF grant as there is a Legal obligation to retain this information in accordance with EU Regulation 1303/2013 Article 140.

9. Complaints

You have the right to lodge a formal complaint with the ICO (supervisory authority) at any time.  You can contact the ICO directly at:
https://ico.org.uk/global/contact-us/

Full details of your individual rights are available at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

10. Contact

If you have any questions about this Privacy Notice and/or the scheme you can contact us by using the following details:

EMFF Grants Team
Area 1B North
Victoria Quay
Edinburgh
EH6 6QQ

E-mail: EMFF@gov.scot

Telephone: 0131 244 4646