This notice provides details of what information we collect from you, what we do with it, and who it might be shared with (a) when you make a claim against the Council, or (b) in limited circumstances, when you ask the Council to arrange insurance on your behalf.
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 assess any insurance claim made against the Council and to either settle the claim or reject the claim (including taking or defending any legal action).
- In relation to Council properties, the Council can arrange some types of insurance cover - for example, on behalf Council tenants. The Council does not handle claims under these policies.
The legal basis for each purpose is set out below:
|Performance of a contract
|Task carried out in the public interest
What information do we collect about you?
In processing your insurance claim, we collect your name, date of birth, occupation, employer details, and contact details (which may be a postal address, email address and/or phone numbers), and details of your claim (including medical conditions or injuries where relevant to your claim). We also keep copies of your communications with us and our responses.
In arranging Tenants Contents or Buildings insurance for you, we collect all the information necessary for an application, including your name, date of birth, occupation, employer details, and contact details (which may be a postal address, email address and/or phone numbers), details of criminal convictions, previous insurance claims, and medical conditions where relevant to the cover being requested. We also keep copies of your communications with us and our responses.
Where do we collect information from?
In processing your insurance claim, we collect information from details you provide on a claim form, or any communication from you or your representative, such as phone calls, emails and letters. There may be cases where we collect information from third parties such as witness statements, medical reports, and police reports, and bodies or individuals acting on your behalf such as insurers, solicitors, or claims management companies.
In arranging Tenants Contents or Buildings insurance, we collect information from details you provide in any communication (phone calls, emails and letters), and the insurance proposal form.
We may also collect information from other council departments as part of our investigation process for verification processes and / or for the prevention of fraud.
In addition it may be necessary to involve a parent, guardian, or someone with continuing power of attorney or welfare power of attorney over your affairs. We would request consent if required or a copy certificate as proof of same.
Who might we share your information with?
We may share information with our Insurers (currently Aviva and Ocaso), Gallagher Bassett Claims Handlers, and their advisors such as solicitors or investigators, and our Insurance Brokers (there are currently two: Marsh and Aon), all of whom may process information on our behalf.
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. Where our insurers, claims handlers or insurance brokers process information outwith the UK, we provide in our contract with them that they must have adequate security measures in place to protect personal data.
How long do we keep hold of your information?
We keep your information for seven years after your claim is closed, or three years after your 18th birthday, whichever is the later.
We keep your information during the period of your insurance policy and for seven years following cancellation of your cover.
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 personal data to progress an application for insurance or to process your claim. Without this we are unable to effect cover on your behalf, or move a claim forward. You do not have to provide information to us, but we may then not be able to provide you with a service
Do you use any automated processes to make decisions about me?
The Council does not use automated decision making processes. The Council's processors may use artificial intelligence to detect fraudulent behaviour.
This notice was last updated in September 2021.