Falkirk Council provides a range of education services for the Falkirk area. We manage nursery, primary, secondary, special education schools and adult learning. Services are provided to support early learning and childcare and access to and inclusion in education.

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 that we can provide services which are fit for purpose, efficient and effective whilst meeting our statutory and legal obligations. The information is being collected for the following purposes:

  1. Enrolment
  2. Attendance
  3. Attainment
  4. Pastoral support
  5. Behaviour/ Exclusions
  6. Child Protection
  7. Special Educational Needs
  8. Medical Information
  9. Excursions and Activities
  10. Digital Learning
  11. Social (Photographs, Social Media, Newsletters, Award Ceremonies, Digital Information Screens, Surveys)

The legal basis for each purpose is set out below:

Legal basis Purpose
Consent 9, 11
Performance of a contract  
Legal obligation 1, 2, 3, 4, 5, 6, 7
Vital interests 6, 8
Task carried out in the public interest 1, 2, 3, 4, 5, 6, 7, 9, 10
Legitimate interests  

Where we are relying on legal obligation or task carried out in the public interest, below are the key pieces of legislation that apply:

  • Education (Scotland) Act 1980
  • Education (Scotland) Act 2016
  • Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002
  • Education (Additional Support for Learning) (Scotland) Act 2004
  • Standards in Scotland’s Schools etc Act 2000
  • Children (Scotland) Act 1995
  • Equality Act 2010
  • Children and Young People (Scotland) Act 2014

What information do we collect about you?

The type of personal data we will collect includes your name, address and contact details. For nursery and school pupils information will be obtained about relevant family members, relevant medical conditions and any additional supports which are needed. We will collect personal data relating to special categories, such as ethnic group and religion. We need this information so the Council can ensure it is delivering services appropriately.

For nursery and school pupils, information will include data about progress and assessments. For school pupils information will contain records of attendance, absence, and any exclusions and exam results. We need this information to understand how our pupils are progressing, and to assess how we can help them to achieve their best.

Where learners leave our provision, information will be obtained about their next setting/school, career paths or intended destinations. We need this information to ensure we support our pupils/children in all their transitions and do all that we can to help their future be a success.


Where do we collect information from?

We collect information from you using a variety of different methods, including when you complete one of our forms (such as a registration form for nursery, primary school or an adult learning course) when you call, write, email or meet with us. We may also obtain information about you from other council services.

Where we receive pupil concern reports, the information we receive is provided by Police Scotland. Previous pupil record Information and information relating to pupils missing from education may come from other local authorities. This list is not exhaustive and we may on occasion receive information from other sources not listed above, for example other pupils, parents or members of the public.


Who might we share your information with?

In so far and to the extent that we are permitted to do so by law, we may share information with our community partners such as NHS Forth Valley, the Scottish Children's Reporter Administration and Police Scotland. We share with other local authorities where children are transferring in/out of Falkirk Council. We may share limited personal data with specialised groups who provide learning opportunities, management and information systems, online learning platforms (such as Glow, Microsoft Office365, Google Education, Apple School), and WorkIT/PlanIT (Career Education Planning).

We are obliged to provide statistics to the Scottish Government on attainment, attendance, exclusions and school leaver destinations to Skills Development Scotland. We will share information with inspections and scrutiny bodies such as Education Scotland. In addition, we share certain pupil or adult learner information with the Scottish Qualification Authority (SQA) in order that they can undertake assessments and qualifications. We may share information with colleges and universities.

Your information may be shared with other organisations where we are required to do so for the purposes of the prevention or detection of crime or to comply with court orders.

In order to promote the progression and achievement of pupils and learners, we may share information externally such as school websites, social media, newspapers and school/ Council publications. Consent forms will be issued by schools.


Will we send your information outwith the UK?

Some of our learning apps and social media platforms transfer information outwith the UK. Where this is the case a risk assessment is undertaken and appropriate safeguards are put in place. This policy is continuously reviewed in line with the latest guidance.


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 Length of time it's kept
Pupil Record 5 years after leaving date and then reviewed
Records surrounding Child Protection Date of Birth +75 years
Missing Children Referrals 5 years after case closed
Police concern reports 5 years after their leaving date and then reviewed prior to destruction
Surveys 1 year and then anonymised
Course Choice 1 academic year
Digital Signage 1 academic year
School Lets 1 academic year
School Incident Forms 10 years from date of incident
OLIVER Library System 3 years after leaving date
Newsletters, Social Media and Promotional Apps and Awards Ceremonies Permanently
Excursions 3 years after the trip

If you require more information, please contact the Data Protection Officer.


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 legislation or legal requirement, we need this information to enable us to provide the best quality service.

If we did not collect this information, we would be unable to meet our obligation or provide you with the services you and your child(ren) are entitled to.


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

We do not use automated decision making processes.


This notice was last updated in May 2018.