Official Opening - Privacy Notice

Published 24/09/2021   |   Last Updated 24/09/2021   |   Reading Time minutes

How your information will be used

 

The Senedd Commission (“the Commission”) is the data controller of the information you provide, and will ensure it is protected and used in line with data protection legislation.

 

Our Contact Details 

Any queries regarding our use of your information should be sent to the Data Protection Officer at:  

data.protection@senedd.wales

0300 200 6565  

 

Why are we collecting your information 

The Sixth Senedd will be marked with an Official Opening event. Whilst the Senedd, Siambr and Members of the Senedd should be at the heart of the event, it should also showcase Wales and celebrate its communities, talents and community champions, making the event more relevant to a wider cross section of the nation it represents. If the Sixth Senedd is to successfully put the people of Wales at the heart of what we do, they will need to be at the heart of our Official Opening.

 

In order to achieve this and showcase Wales’ communities and talents, several productions have been commissioned, along with recorded interviews with the people of Wales. To do this, we will need to process personal data in order to liaise with contributors and produce relevant footage and images.

 

The event itself will be a combination of these pre-recorded elements and ‘live’ broadcast.

 

Filming, broadcasting and live elements

Filming will be undertaken across all the activities detailed in this notice in order to produce pre-prepared films to broadcast on the day, or as part of the live broadcast.

 

Filming of activities and editing of content may be undertaken by the Commission, or by third party production company called Orchard on our behalf. 

 

All content may be used on the Senedd website, Senedd.TV, Social Media Channels, YouTube and as part of the live BBC Broadcast. Other broadcasters may broadcast live or recorded footage. Content may also be used in future Senedd initiatives throughout the Sixth Senedd.

 

The Commission will hold personal data processed to support filming activities for a period of one year following the Official Opening. The Commission will permanently store photographs and video (‘filming’) of activities relating to the Official Opening, or any person present, in order to promote the Senedd and its associated activities through various channels (including but not limited to social media, third party websites, other public platforms and print media).

 

As a key constitutional event in the history of the Senedd, it may be necessary to archive some of the personal information used, especially that included in footage and images used as part of the Official Opening. It may be necessary to transfer this information to a third party for archiving.

 

Children attending the ‘live’ opening event

Several groups of children from Wales will be invited to attend the outside of the Senedd building for the purpose of the opening event and live broadcast.

 

These children will be contacted through their school and will be informed that the broadcast will be by BBC Cymru Wales and in the public domain.

 

 

Orchard - Production Company

The Commission has instructed a third-party production company called Orchard to coordinate and capture some images and video footage to be used as part of the Official Opening of the Senedd. Orchard will process personal data that it collects, whether by filming or otherwise, on our behalf.

 

Orchard will need to collect and store personal data so that it can make all arrangements necessary for the production of content associated with the Official Opening of the Sixth Senedd and meet its contractual obligations. This may include, for example, collecting the names and addresses of those involved in a filming engagement in order to help with planning of the filming. This may also, on occasion, involve the processing of special categories of personal data, for example in order to make arrangements where reasonable adjustments are required or information captured as part of filming. Further information as to what information constitutes special category personal data is provided in the ‘legal bases’ section of this privacy notice below.

 

If you provide any information to Orchard that you do not feel is suitable for public disclosure, you can contact the Commission or Orchard to indicate which parts you feel should not be published and give your reasons for this. You can also inform Orchard’s staff or representatives at filming engagements. You have access to individual legal rights under data protection legislation, which you can choose to utilise. Further information as to these rights is provided further down this privacy notice.

 

It will only be essential staff at Orchard who will need to see the information, and only those essential to work relevant to the Official Opening and associated administration will have access to the personal information, for example images, footage and contact details. Orchard will not share personal information with any third parties unless instructed to do so by the Commission or if required to meet their contractual obligations. However, Orchard may provide the personal data to the Commission and any associated third-party broadcaster in relation to activities surrounding the Official Opening of the Sixth Senedd, in accordance with our instructions. Personal information will only be provided to third party broadcasters to the extent that it is necessary for the purposes of the Official Opening.

 

Orchard may also be required to share some personal information with other third parties, such as professional advisors, to meet its contractual obligations. Where this is required, Orchard require those third-party companies to keep personal data confidential, secure and protected in accordance with data protection law and its own internal policies.

 

Orchard will hold personal data on its secure servers and no data will be transferred outside of the European Economic Area (EEA), unless agreed with the Commission prior to doing so in order to meet business objectives, such as meeting its contractual obligations. Any transfer of data outside of the EEA will be covered by appropriate safeguards, such as standard contractual clauses, to ensure that personal data is treated in line with domestic legislation.

 

Orchard will only retain personal data collected for the purposes of the Official Opening in line with our instructions, one year from the date of the Official Opening, after which it will be securely destroyed by Orchard. Personal data stored by Orchard is kept in an encrypted folder and is only accessible by those necessary and essential to the work of Orchard relating to the Official Opening.

 

Further information as to how Orchard process personal data can be found here: https://thinkorchard.com/en/privacy-policy. You can also contact Orchard’s Data Protection Officer at gdpr@thinkorchard.com if you have any queries or concerns as to how they process personal data.

 

If you have any questions or concerns about how your information will be used, you can also contact Fflur Davies, Head of Senedd Events at the Commission, on:

 

Email: Fflur.Davies@senedd.wales

Telephone: 0300 200 6506

 

You also have the option of contacting the Commission’s Data Protection Officer. Contact details are provided at the top of this notice.

 

Where the information will be shared/published/broadcast

Images and footage will be distributed on social media channels, the Senedd’s website, Senedd.TV, YouTube, BBC broadcast, print media and for future Senedd initiatives throughout the Sixth Senedd. Some elements of the Official Opening may be broadcast by other media outlets or news channels.

 

Third party footage captured will be shared with the contributor in final format for promotional purposes, this may include footage that is not made publicly available. The shared footage will be limited to the specific commissioned organisation for their own contribution.

 

Third parties will also have access to footage and images made publicly available on the platforms listed above.

 

Where will the information be stored? 

The information will be stored securely on our ICT systems which includes third party cloud services provided by Microsoft. Any transfer of data by Microsoft outside of the EEA is covered by contractual clauses under which Microsoft ensure that personal data is treated in line with domestic legislation. To find out more about how Microsoft will use your information, you can read their privacy statement here.

 

The different activities we will be undertaking as part of the Royal Opening include:

 

 

A commissioned artwork exhibition

 

What information are we collecting? 

Name and contact details of the artist, their artistic contribution; digital images of the subjects of the exhibition, images/recordings ahead of the event; images/recordings live from the event. The images within the exhibition will contain personal data.

 

Who will have access to the information?

The artist, the Commission and Orchard.

This will be a touring exhibition, images and recordings will be made publicly available.

 

How long will the information be retained? 

This will be a permanent exhibition.

The final piece will be a permanent part of our collection. The artist is liaising with individuals and holds their contact details and any additional images that won't make the final cut.

 

Commissioned productions/performances by National Companies

 

What information are we collecting? 

Names; contact details; their artistic contribution; images/recordings ahead of the event: images/recordings live from the event.

 

Who will have access to the information?

The National Company project teams, the Commission and Orchard.

 

How long will the information be retained? 

Contact details will be retained for one year following the date of the Official Opening.

Commissioned production, footage of work in progress and interviews with contributors will be kept until such time that they are no longer relevant or a valid request is made to dispose of the recorded productions.

 

Project led by Literature Wales with the poet laureate working with school children to create a poem

 

What information are we collecting? 

This will involve poet laureate/s holding workshops with primary school children in order to create a final poem. Details have been circulated to data protection and child safeguarding including Data Protection Permission Form, Data Protection Policy and they have been sent a Third-Party Processor Questionnaire – Literature Wales will contact the schools and pupils, we may have names of those pupils and schools that have taken part to credit them for the poem and illustrations provided and contact details for schools from the Senedd Education Team or Literature Wales.

 

Who will have access to the information?

Literature Wales, the Commission and Orchard.

 

How long will the information be retained? 

Contact details will be retained for one year following the date of the Official Opening.

Commissioned production, footage of work in progress and interviews with contributors will be kept until such time that they are no longer relevant, or a valid request is made to dispose of the recorded productions.

 

 

Horizons performance

 

What information are we collecting? 

Names; contact details; their artistic contribution; images/recordings ahead of the event: images/recordings live from the event.

 

Who will have access to the information?

Horizons, Tan Cerdd, the Commission, Orchard.

 

How long will the information be retained? 

Contact details will be retained for one year following the date of the Official Opening.

 

Commissioned production, footage of work in progress and interviews with contributors will be kept until such time that they are no longer relevant, or a valid request is made to dispose of the recorded productions.

 

Our legal bases for collecting, holding and using your personal information 

 

Data protection law sets out various legal bases which allow us to collect, hold and use your personal information. For the purpose of processing the personal data you provide, we rely on the following legal bases:

 

The processing is necessary for the performance of a task carried out in the public interest

 

The Commission has a legal obligation, as set out in the Government of Wales Act 2006, to provide the Senedd, and ensure that it is provided with, the services it requires for its purposes. The Senedd has a public function to support and promote democratic engagement in Wales. The Official Opening of the Senedd is a key constitutional event that takes place after every Senedd election. It helps the Senedd to engage with the people of Wales and promote understanding of the Senedd as a national Parliament. The Official Opening provides a large public platform on which to promote awareness and this aids in making the Senedd as visible and accessible as possible to those who wish to engage with its work. The Commission will need to process personal data to support this function.

 

Given the key constitutional nature of the event, we may also need to archive some personal information, such as that captured in video footage used as part of the Official Opening. Our legal basis for this processing is that it is necessary for the performance of a task carried out in the public interest.

 

The processing is necessary for the performance of a contract

 

The Commission will be entering into contracts with third parties for the provision of services relating to the Official Opening of the Senedd. These services will be undertaken prior to and during the Official Opening. It will be necessary for the Commission to process personal data in order to ensure that each party is able to fulfil its obligations under relevant contracts.

 

Special category personal data

 

We may process special category personal data if you choose to provide any. Special category personal data is defined as including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation and data about health.

 

Special category data will be processed on the basis that it is necessary for reasons of substantial public interest, as provided for by Article 9(2)(g) of the UK GDPR and read in conjunction with paragraph 6 of Schedule 1 to the Data Protection Act 2018. This is so the Commission and the Senedd are able to meet their public and democratic functions.

 

Where we need to archive special category personal data, for example if it is processed as part of video footage used during the Official Opening and that footage needs to be archived as a matter of public interest, that information will be processed on the basis that it is necessary for archiving purposes in the public interest, as provided for by Article 9(2)(j) of the UK GDPR and read in conjunction with paragraph 4 of Schedule 1 to the Data Protection Act 2018.

 

Your rights

 

As a data subject, you have a number of rights. The rights which apply depend on the legal bases we are relying on to use your personal information. Those rights will not apply in all instances, and the Commission will confirm whether or not that is the case when you make a request. 

 

The rights include the right to request access to your own personal information, sometimes called a ‘subject access request’.

 

Additionally, you have the right to request from us:

  • that any inaccurate information we hold about you is corrected (please note that you are required to keep us up to date with any changes to your personal information);
  • that information about you is deleted (in certain circumstances);
  • that we stop using your personal information for certain purposes or in certain circumstances; and
  • that your information is provided to you or a third party in a portable format (again, in certain circumstances).

If you would like to engage any of the rights that you have under data protection legislation, ask a question or make a complaint about how your information is used; please contact the Data Protection Officer using one of the methods set out at the above.

 

Requests for information made to the Commission 

 

In the event of a request for information being made under access to information legislation, it may be necessary to disclose all or part of the information that you provide. We will only do this if we are required to do so by law.     

 

Changes to our Privacy Notice

 

We keep this privacy notice under regular review, so please check back regularly to view how data will be processed for developing activities relating to the Official Opening of the 6th Senedd. As this privacy notice is updated to reflect future activities, previous versions of it will be made available on the Senedd’s website. This privacy notice was last updated on 01/07/21.

 

How to complain 

 

You can complain to the Data Protection Officer if you are unhappy with how we have used your data. Contact details can be found above. 

 

If, following a complaint, you remain dissatisfied with our response, you can also complain to the ICO. 

 

The ICO’s address is:       

        

Information Commissioner’s Office  

Wycliffe House  

Water Lane  

Wilmslow  

Cheshire  

SK9 5AF  

  

Helpline number: 0303 123 1113