This notice provides details of what information we collect from you, what we do with it, and who it might be shared with.

Identity and contact details of the controller and the data protection officer

Falkirk Council is the data controller. You can contact the data protection officer at:

Data Protection Officer
Municipal Buildings
West Bridge Street
Falkirk
FK1 5RS

Frequently asked questions


Why do we collect this information?

Under the Burial and Cremation (Scotland) Act 2016 Falkirk Council is the burial and cremation authority for burials and cremations in the Falkirk Council area. Under the Act the Council is obliged to keep the following registers:

  1. Burial Register – Prescribed information about burials in its cemeteries
  2. Register of Rights of Burial – Information about lairs in which rights of burial have been sold by the authority. Data to include the date on which the rights were sold, names and addresses of persons to whom the rights have been sold, names and addresses of persons in whom the right of burial vests if not the person who bought the rights.
  3. Private Burial Register – A register of private burials authorised by the authority.
  4. Exhumation Register - Prescribed information about exhumations of human remains carried out for each burial ground.
  5. Register of Restored Lairs - Prescribed information about things done by the authority for the purposes of, or in connection with the restoration of lairs for each burial ground.
  6. Cremation Register - Prescribed information about cremations carried out in the crematorium.
  7. To process applications to; erect a headstone or other memorial on a lair, erect a memorial plaque, install edging or surround to a headstone or memorial, add an inscription, clean a headstone, or carry out other maintenance.
  8. To deal with, and respond to, your freedom of information or environmental information requests.

The legal basis for each purpose is set out below:

Legal basis Purpose
Consent  
Performance of a contract  
Legal obligation 1, 2, 3, 4, 5, 6, 7, 8
Vital interests  
Task carried out in the public interest 1, 3, 4, 5, 6, 8
Legitimate interests  

In terms of 1, 3, 4, 5, 6, 8 above, we may need to process your information to carry out our public duties under Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004.


What information do we collect?

We collect your name and contact details, including your postal address, email address and or phone number. We may also keep copies of your communications with us and our responses.


Where do we collect information from?

You, funeral directors or your agent. We get your information from communications with us, for example when an application to bury, or cremate, or erect a headstone is made, or when genealogical information is requested.


Who might we share your information with?

The Scottish Government

Under the Burial and Cremation (Scotland) Act 2016 the Scottish Government may appoint inspectors of burial, inspectors of cremation, and inspectors of funeral directors.

We may need to share your contact details (your name, telephone number, postal address and email address) with these inspectors so that they can contact you about matters under investigation.

Council Services and organisations

The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and/or for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime.

General Public

We may be obliged by the Freedom of Information (Scotland) Act 2002 or Environmental Information (Scotland) Regulations 2004 to provide anonymous copies of the information you give to us under a request for information.

Please note that your personal details other than your name and/or organisation will not be made public.


Will we send your information outwith the UK?

No. We will not send your information outside the UK.


How long do we keep hold of your information?

The Burial and Cremation (Scotland) Act 2016 stipulates the following retention periods:

Information Length of time it's kept
Burial Register Must be kept indefinitely
Register of Rights of Burial Must be kept indefinitely
Private Burial Register Must be kept indefinitely
Exhumation Register Must be kept indefinitely
Register of Restored Lairs Must be kept indefinitely
Cremation Register Must be kept indefinitely
Applications to; erect a headstone or other memorial on a lair, erect a memorial plaque, install edging or surround to a headstone or memorial, add an inscription, clean a headstone, or carry out other maintenance Kept indefinitely

We only keep other information for as long as necessary. This depends on what the specific information is and the agreed retention period. Data is disposed of permanently after this period, in line with our Retention Schedule.


What are my rights in relation to the information held about me?

You have the following rights:

  • To see any information held about you by making a subject access request.
  • To withdraw consent at any time, where the legal basis for processing is consent.
  • To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
  • To request rectification or erasure of your information, where data protection legislation allows this.

Do I have a right to complain about the way information has been used?

If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow, Cheshire
SK9 5AF

Do I have to provide my personal data to you?

We require your information to process applications to:

  • Bury a person in a Council cemetery
  • Bury a person in a private burial ground
  • Exhume human remains
  • Carry out the necessary process in regard to restoring a lair or lairs
  • Cremate human remains
  • Erect or replace a headstone or other memorial, install a headstone surround, add an inscription to a headstone, or otherwise carry out work to a headstone or memorial

We may need your information to carry out our other duties under:

  • Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004.

There may be consequences if you do not provide your information. Depending on the situation, the consequences may include:

  • The application to bury, or exhume, or cremate human remains may not be processed.
  • A lair or lairs may be restored without the lair title holders consent
  • Consent may be withheld to erect or replace a headstone or other memorial, install a headstone surround, add an inscription to a headstone, or carry out other works to a headstone or memorial
  • No contact information to issue a response to your request for information

Do you use any automated processes to make decisions about me?

No. We do not use automated decision making processes.


This notice was last updated in May 2018.