Annex C: Processing of personal data
Updated 15 June 2021
Processing of personal data
A1. This notice sets out how the Migration Advisory Committee (the processors and controllers) will use your personal data for the purposes of the study of the Intra-Company Transfer (ICT) immigration route and explains your rights under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).
Your data (data subject categories)
A2. The personal information relates to businesses, sector bodies/representatives, government departments including devolved administrations and local authorities, think tanks, academic/higher education establishments and others that may wish to respond to the Call for Evidence questionnaire.
The data that that will be collected (data categories)
A3. The information may include organisation name, location, email address, as well as opinions on ICTs. It is possible that respondents may volunteer additional identifying information about themselves or third parties.
Legal basis of processing
A4. The processing is necessary for the performance of a task carried out in the public interest. This requires evidence and opinion data to develop good effective proposals and recommendations to the government on the ICT route. The MAC may use the contact details (email address) provided to contact respondents to add their details onto the MAC stakeholder database, for future research and to provide updates on work of the MAC, but this is optional.
Special category data
A5. Although not being requested, it is possible that this information will be processed if volunteered by the respondent. If such a submission of special category of personal data, including that of third parties, we will take all necessary steps to delete, anonymise or pseudonymise that data before any publication takes place.
Purpose
A6. Any personal information will be processed for the purpose of obtaining evidence from businesses, and representations from organisations and companies, about ICTs – including opinion data, to enable the MAC to review the current system and to inform the government.
Who we may share your responses with
A7. Information provided to us in response to the questionnaire and consultations may be published or disclosed in accordance with the access to information regimes. These are primarily the Freedom of Information Act 2000 (FOIA) and the Data Protection Act 2018 (DPA). It would be helpful if you could explain why you regard the information as confidential. If we receive a request for disclosure of the information we will take account of your explanation but cannot give an assurance that confidentiality can be maintained in all circumstances.
A8. The MAC are an independent, non-departmental public body that advises the government on migration issues. A final report of the recommendations will be made to the Home Secretary in October 2021. If a submission of special category of personal data including that of third parties, we will take all necessary steps to delete, anonymise or pseudonymise that data before any publication takes place.
A9. In general, any quotes that we publish will be anonymised. Where an organisation has provided the MAC with any published reports or material, we may choose to attribute text from these to the specific organisation.
A10. The Call for Evidence is hosted on the SmartSurvey platform. Their GDPR statement is available here.
How long we will hold your data (retention)
A11. Personal information will not be published but will be retained up until the end of the retention period. If there is ongoing interest in the commission and topic, we will need to retain the data in case of further analysis. In addition, where respondents have indicated they are willing to participate in further research we will also need to retain the relevant data.
A12. Your rights:
- You have the right to request information about how your personal data are processed and to request a copy of that personal data.
- You have the right to request that any inaccuracies in your personal data are rectified.
- You have the right to request that your personal data are erased if there is no longer a justification for them to be processed.
- You have the right, in certain circumstances (for example, where accuracy is contested), to request that the processing of your personal data is restricted.
How to submit a data subject access request (DSAR)
A13. If you would like to submit a data access request to request information about your personal data, please contact the MAC: mac@homeoffice.gov.uk
Complaints
A14. If you have any concerns or complaints about the use of your personal data, please contact the Data Protection Officers at: dpo@homeoffice.gov.uk, telephone: 020 7035 6999.
Or write to:
Office of the DPO
Home Office
Peel Building
2 Marsham Street
London
SW1P 4DF
A15. If we are unable to address your concerns to your satisfaction, you can make a complaint to the Information Commissioner, the UK’s independent regulator for data protection. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113