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? (purpose and legal basis of the processing)
The information is being collected for the following purposes:
- To identify the most medically vulnerable individuals within our communities ie persons who may require additional support during a major incident or disruptive situation and are less able to help themselves and to allow pre planning for the purpose of emergency planning and response.
- Planning for incidents by producing and supporting the implementation of business continuity plans, and testing them in training and exercises.
- In the event of an emergency incident, to provide an emergency response to vulnerable individuals.
The legal basis for each purpose is set out below:
|Performance of a contract
|Task carried out in the public interest
||1, 2, 3
We have legal grounds to process information because it is necessary to comply with a legal duty or to fulfil a public task, under the:
- Civil Contingencies Act 2004
- Control of Major Accident Hazards Regulations 2015
- The Local Government in Scotland Act 2003
The Civil Contingencies Act 2004 establishes a clear set of roles and responsibilities for those involved in emergency preparation and response at a local level.
The Local Government in Scotland Act 2003 gives the Council a power to advance well-being. This was introduced to encourage innovation and closer partnership working between local authorities and other bodies in better responding to the needs of communities.
Falkirk Council and NHS Forth Valley work closely together to enable early identification of those who are likely to need additional support in the event of an emergency incident.
What information do we collect about you? (categories of personal data)
Our emergency planning team collects name, address, telephone contact number and age of adults with a mobility impairment, requiring home medical support, reliance on powered medical equipment, with cognitive impairment and/or sensory impairment.
Where do we collect information from?
The information we hold includes information you have provided to us. We collect information from Falkirk Council's Adult Social Work Services and from NHS Forth Valley which is amalgamated into a single database.
We collate key holder information to ensure we can gain access to support centers at the time of an incident. This information is provided by the key holder and is not shared unless at the time of an incident to relevant persons.
Who might we share your information with? (recipients of personal data)
In the event of an incident, we will share information with:
- Category 1 and 2 organisations under the Civil Contingencies Act 2004 - Category 1 (Local authorities, Police Scotland, Scottish Fire and Rescue Service, Scottish Ambulance Service, NHS Boards, HM Coastguard, Scottish Environmental and Protection Agency)
- Category 2 (Utility companies, Network Rail, Highways Agencies, Airport operators, Harbour Authorities, Health and Safety Executive, Voluntary Agencies).
Information will not be shared with these organisations until the time of an incident where the legal sharing is permitted under the Civil Contingencies Act 2004. We share this information without your specific consent as it is reasonable and necessary to do so to fulfil our public task, or it is otherwise in the substantial public interest to do so.
An Information Sharing Protocol is in place between Falkirk Council and NHS Forth Valley to enable the sharing of information the purpose of pre planning and early identification to the most vulnerable ie individuals who are less able to help themselves. This is held in a secure database, which is refreshed regularly with up-to-date information from the Council's Adult Social Work Services and NHS Forth Valley.
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, or different council departments, 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? (transfers to other countries)
We do not transfer your information outwith the UK.
How long do we keep hold of your information?
We keep your information as long as required by law or by our business requirements. We have a Business Classification Scheme in place which sets out the types of records we hold, and how long we hold them - you can access the relevant part of the scheme below.
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?
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?
We do not use automated decision making processes.
This notice was last updated in August 2019.