Falkirk Council's Environmental Health and Trading Standards services exist in order to protect and enhance the health, welfare, environment, safety and trading market places within Falkirk Council area.

Falkirk Council is registered with the Information Commissioner's Office as a Data Controller under the General Data Protection Regulations 2018. 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?

We need to process your data in order to ensure that the services we are providing are fit for purpose, efficient and effective whilst meeting our statutory and legal obligations. The information is being collected for the following purposes:

  1. To ensure the public is protected by managing the environment in which they live and work. This includes contaminated land, public health and housing, local air quality, noise pollution and animal welfare.
  2. To regulate the trading market place and ensure that communities have access to safe products, services and business advice.
  3. Protect public health and contribute to a safe and healthy community.

The legal basis for each purpose is set out below:

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

Where we are relying on task carried out in the public interest or legal obligation, we must comply with various pieces of legislation. Some of the key pieces of legislation we adhere to are detailed below. If you would like a full list, you can request this.

Legislation Purpose
Consumer Protection Legislation 2
Weights and Measures Act 1985 and associated legislation 2
Animal Health and Welfare Legislation 1, 2
Food Safety Legislation 3
Public Health (Scotland) Act 1, 3
Health and Safety at Work and associated legislation 3
Refuse Disposal (Amenity) Act 1978 1
National Assistance Act 1948 1
Environmental Protection Act 1990 (as amended) 1, 3
Civic Government (Scotland) Act 1982 1, 2, 3
Housing (Scotland) Acts 1

As a Local Authority we are also scrutinised by Audit Scotland, Health and Safety Executive, Food Standards Scotland, Scottish Government, Business Energy and Industrial Strategy (BEIS), Driving Vehicle Licensing Agency (DVLA) to which we report our performance using statistical data which is anonymised.


What information do we collect about you?

For all of the purposes detailed above, we collect basic personal data so that you can be identified. This can include your name and contact details (including telephone number, email or address).

To investigate or enforce legislation, we may be required to collect information specific to businesses including registered owner, business address, contact details, employee details and business vehicles.

In order to fulfil our statutory responsibilities and ensure that funeral arrangements are made where no other suitable arrangements are in place, we may collect next of kin details and bank details with a view to recovering costs.

To report breaches of criminal legislation to the procurator fiscal or to prevent crime, we may collect additional information such as individual's place of birth, date of birth and physical description.

For the investigation of accidents, we may record date of birth, age, sex and some special categories of personal data, such as relevant medical information. Where an investigation involves infectious diseases; we may also collect household members' details (potentially including some special categories of personal data, such as relevant medical information) and recent contacts and activities of the individual infected.


Where do we collect information from?

We collect information from you as an individual or as a business, using a variety of different methods, including when you apply for a certificate or licence, complete one of our forms, when you call, write, email or meet with us. We may also obtain information about you from other council departments or services or from any representatives you have asked to act on your behalf such as but not limited to solicitors. We may also collect your data from any identity documents which you exhibit to us.

Data is stored in a range of different places, including in paper files and in other IT systems including the email system.

We may collect information from HMRC and the police.

To regulate the trading market, we may receive information from Trading Standards Agencies, and Citizens Advice Bureaux. To protect public health, we may collect information from NHS Forth Valley, Health and Safety Executive, the Food Standards Agency and Food Standards Scotland.

For the national assistance funerals, we may collect information from funeral directors and mortuaries.

We may also take or be given photographs in order to prevent crime. The photographs will only be used for those purposes intended.

This list is not exhaustive and we may on occasion get information from other sources not listed above.


Who might we share your information with?

We may, in so far and to the extent that we are permitted to do so in terms of the General Data Protection Regulations 2018, share information with our community partners such as NHS Forth Valley, Police Scotland, Food Standards Scotland and HSE, other local authorities, government departments and agencies, both at local and National Level.

In order to fulfil our statutory duty to remove abandoned vehicles, we share limited personal data with contracted scrappage companies. We also have a contract with a veterinary practice to assess animal welfare.

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.


Will we send your information outwith the UK?

No. We do not transfer your information outwith the UK.


How long do we keep hold of your information?

We keep your information for as long as necessary to fulfil the purposes we collected it for. Below is a summary of the key retention periods:

Information relating to Retention period
All consumer affair records
(with the exception of those listed below)
6 years once completed or expired
Fatal Accident Investigations Kept permanently
Petroleum Licence Records Kept permanently
Contaminated Land Remediation Notice kept for 10 years
Equipment Inspection Records Kept for 5 years
Private Water Supplies Kept for 15 years
Cooling Towers paperwork Kept for 2 years

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
0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Do I have to provide my personal data to you?

Yes, as we are complying with statutory legislation or legal requirement, we need this information to ensure that we are providing the best quality service.

If we did not collect this information, we would be unable to meet our obligation or providing you with the services you are entitled to.


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.