Falkirk Council provides a range of community health and social care services for adults in Falkirk. We support younger and older adults (including carers) with an assessed need by providing a range of community and residential based services. In order to provide these services, we hold information about you.
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?
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:
- To assess individual needs and financial position
- To support individuals to live independently in a homely setting for as long as possible and/or in a care setting
- To support individuals to self-manage their health and wellbeing
- To protect adults who may be at risk of harm
- Where we collect photographs, to ensure personalised care and support, capture social events, promote the services and for public information purposes
- To better plan and deliver services.
The legal basis for each purpose is set out below:
|Performance of a contract
||1, 2, 3, 4
|Task carried out in the public interest
||1, 2, 3, 4, 6
Some of the key legislation and standards we use are detailed below.
- The Adult Support and Protection (Scotland) Act 2007
- The Social Work (Scotland) Act 1968
- Adults with incapacity (Scotland) Act 2000
- Carers (Scotland) Act 2016
- Community Care and Health (Scotland) Act 2002
- Chronically Sick and Disabled Persons Act 1970
- Equality Act 2010
- Health and Safety at Work Act 1974
- Manual Handling Operations Regulations
- NHS and Community Care Act 1990
- Lifting Operations and Lifting Equipment Regulations
- Provision of Use of Work Equipment Regulations
- Social Care (Self Directed Support)(Scotland) Act 2013
- Housing (Scotland) Act 2001
- The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011
- Revised Health and Social Care Standards 2017
- Public Bodies (Joint Working) (Scotland) Act 2014
As a Local Authority we are also scrutinised by:
- The Care Inspectorate
- Health Improvement Scotland
- Scottish Social Services Council (SSSC)
- Health and Care Professional Council (HCPC)
- Adult Support and Protection Committee
- Mental Welfare Commission
To all of these we report our performance and practice to ensure our standards, conduct and practice adhere to the legislation and public expectation. Where data is used for statistical, performance and improvement purposes it is anonymised.
What information do we collect about you?
For all of the purposes detailed, we collect basic personal data so that you can be identified. This can include your name, community health index (CHI) number, date of birth, age, national insurance number, photographs, and contact details (including telephone number, email or address including postcode).
We may also collect information about your next of kin, family members, carers, any power of attorneys or guardianships in place, keyholders to your property, GP, pharmacist and details of any referrals made.
In order to support your health and wellbeing we may collect special category (sensitive) data. We mostly record medical/health information which may include any health conditions and history, mental health wellbeing, individual care and support needs, daily pattern or routine, dietary requirements, functional ability and any current medication.
Other sensitive information collected can include details on relationship status, nationality, language spoken, racial or ethnic origin, gender, religious beliefs and relationship status
We may also record any criminal convictions or contact with Police Scotland. This is to ensure public protection.
We keep copies of your communications with us and our responses and in some cases may also document any verbal conversations we may have with you. This record helps us to make informed decisions, monitor our performance and improve the services that we deliver.
We may also have a record of your bank details, financial transactions, receipts and budget allocation, in line with Falkirk Council financial procedures and also to prevent financial harm.
We may also take photographs to ensure personalised care and support, social events and promote the services and public information purposes. However, photographs of individuals will only be used for such purposes with you or your proxy's consent.
This list is not exhaustive and we may on occasion get information from other sources not listed above.
We take our responsibility when processing your data very seriously and would like to assure you that we will only collect, hold and use personal data where is absolutely necessary and proportionate to do so. We will ensure that your details are kept secure and that we maintain effective safeguards to manage access arrangements, providing adequate training to staff who handle the information provided.
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, when you call, write, email or meet with us. We may also obtain information about you from other council departments or services.
In order to meet your health and wellbeing needs we may collect information from those with power of attorney or guardianship and carers, or those responsible for your health care such as your GP.
We may also collect information from our partners including NHS, Police Scotland, the Crown Office and Procurator Fiscal Service, the Office of the Public Guardian, and providers of care and support.
In order to ensure that we deal with any complaints we receive, we may obtain information from The Scottish Public Services Ombudsman (SPSO) or the Care Inspectorate.
Who might we share your information with?
We may share information with our community partners such as NHS Forth Valley, Police Scotland and care and support providers. We work together with NHS Forth Valley to deliver integrated services through the Falkirk Health and Social Care Partnership, overseen by the Falkirk Integration Joint Board.
If you have a complaint, we may need to share your information with the SPSO, the Care Inspectorate and/or the Falkirk Integration Joint Board.
We also share information with the Scottish Government for the national social care survey. This is shared via the Common Services Agency for the Scottish Health Service (part of the NHS), with whom information is also shared to develop and improve the data available to the Falkirk Integration Joint Board so it can better plan and commission services.
Other organisations or individuals involved with your care and support may also be provided with information as necessary such as carer and other representative bodies, housing providers, advocacy services, third sector organisations, lawyers, other Local Authorities, other council departments and services, the Scottish Ambulance Service and the Scottish Fire and Rescue Service.
The Council has a number of service providers who provide care and support to service users on the Council’s behalf. We require to share your information with them to allow them to do this. We have written contracts with service providers to keep your information safe and secure. Where the level of responsibility for your care and support is significant, for example, where you are a resident in a service provider’s care home, they will also be a data controller with their own obligations to you. 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.
Will we send your information outwith the UK?
We do not transfer your information outwith the UK. If it becomes necessary to do so, we would ensure that the appropriate safeguards are in place.
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.
||Length of time it's kept
|Service file -Care Service management records
||5 years from creation
|Service user file
||5 years after last action or death
|Care service records
||5 years from creation
|Notification of death, illness and other events sent to the Care Inspectorate
||3 years from date reported
|Adult Protection Committee
|Joint Loan Equipment Scheme paperwork
||10 years from submission of grant claim
Please contact the Data Protection Officer if you would like more detail.
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?
Yes, as we are complying with statutory legislation, legal requirement or contract, we need this information to ensure that we are providing the best quality service.
If we do not collect this information, we may be unable to provide you with the services you 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.