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:
Frequently asked questions
Why do we collect this information?
The information is being collected for the following purposes:
- To contact and inform you regarding matters that relate to:
- Countryside access
- Natural heritage
- Built heritage
- Parks and public open space
- Protected trees
- Protected buildings
- Community empowerment
- To deal with, and respond to, your freedom of information or environmental information requests
- To invite you to participate in the preparation and review of strategy documents, management plans and action plans.
- To enable the Scottish Government's Planning and Appeals Division (DPEA) to:
- Contact and notify you about the examination of Falkirk Council's Core Paths Plan
- Invite you to attend a site visit, hearing or inquiry
- Invite you to respond to a Reporter’s request for further representations or information
- To send you a statutory notice(s) about a Core Paths Plan document
- To record your name and your representation in publicly available documents, reporting views and issues raised during public consultation of the Core Paths Plan along with the Council’s response
- For equal opportunities monitoring as part of the Equalities and Poverty Impact Assessment of an environmental strategy document
The legal basis for each purpose is set out below:
|Performance of a contract
||2, 4, 5, 6, 7
|Task carried out in the public interest
||1, 2, 3, 4, 5, 6, 7
In terms of 1, 3, 4, 5, 6, 7 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 collect information about age, disability, ethnic origin and race, sexual orientation and so on for the purposes of equal opportunities monitoring. We may also keep copies of your communications with us and our responses.
Where do we collect information from?
You. We get your information from communications with us, for example when you submit representation (or comments) or when you ask to join our customer database.
Who might we share your information with?
The Scottish Government
All unresolved representation made on the Core Paths Plan must be submitted to the Scottish Government's DPEA for an independent examination, undertaken by a Reporter.
We may need to share your contact details (your name, telephone number, postal address and email address) with the DPEA 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.
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?
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:
Do I have to provide my personal data to you?
We require your information to process your representation made under the following Acts
- Land Reform (Scotland) Act 2003
- Land Reform (Scotland) Act 2016
- Nature Conservation (Scotland) Act 2004
- Community Empowerment (Scotland) Act 2015
- Town and Country Planning (Scotland) Act 1997
- Planning etc. (Scotland) Act 2006
- The Town and Country Planning (Development Planning) (Scotland) Regulations 2008
- Freedom of Information (Scotland) Act 2002
- The Environmental Information (Scotland) Regulations 2004
- The Conservation (Natural Habitats, &c.) Regulations 1994
- Environmental Assessment (Scotland) Act 2005
- Equality Act 2010
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:
- Your representation not being accepted by us
- No contact information to issue a response to your request for information
- No contact information to send you notifications about consultation document
- No contact information for us or the DPEA to contact you
- Missing information for stakeholders (the public, developers, Council services, government agencies and so on) to consider an access, heritage, parks and open space matters
- Missing invitations to attend meeting and events
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.