Privacy notice: Education Maintenance Allowance (EMA)

This notice provides details of what information we collect from you, what we do with it, and who it might be shared with.

We will keep your information safe and secure. We will have systems, processes and training designed to achieve this.

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
The Foundry
4 Central Boulevard, Central Park
Larbert
FK5 4RS
data.protection@falkirk.gov.uk

Frequently asked questions

  1. Table of contents

Why do we collect this information?

The information is being collected for the following purpose:

  1. The assessment and administration of Education Maintenance Allowance (EMA)
  2. The improvement of our services, including contacting you for your views on the EMA process

The legal basis for each purpose is set out below:

Legal basis Purpose
Consent 2
Performance of a contract  
Legal obligation  
Vital interests  
Task carried out in the public interest 1
Legitimate interests  

The main statutory provisions are the Education (Scotland) Act 1980, and the Education Maintenance Allowances (Scotland) Regulations 2007. We must also have regard to the EMA Guidance and Processes released by the Scottish Government each year.

What information do we collect about you?

We need to gather your personal data to allow us to assess your eligibility for EMA, and to determine what weeks you will be paid for.

We collect the following information about you (the applicant):

  • Name
  • Address
  • Date of birth
  • Information about your residency
  • Nationality
  • SQA reference
  • School
  • Stage
  • The subjects you study, the level and how you expect to perform
  • Your attendance at school
  • Bank account details (or those of a third party if payments are to be made to them in lieu of your own account)
  • Contact details

We also collect information about your parents (or guardians):

  • Name
  • Address
  • Contact details
  • Relationship status
  • Occupation
  • Income

We also keep copies of your communications with us, and our responses.

Where do we collect information from?

We collect information from you, your parent(s) or guardian(s) and your school.

If your parent(s) or guardian(s) receive Housing Benefit or Council Tax reduction, we also collect information from their claim to enable us to check their income and who is in your household. This is important, as it determines the income threshold which applies to your application.

Depending on your circumstances, we may collect information from our Social Work department (or other Local Authorities Social Work departments), for example, if we need to confirm your status as looked after and accommodated (if you are to be treated as an independent student).

Who might we share your information with?

We share your information with Scottish Government, whom we administer EMA on behalf of. The Scottish Government are also a data controller. This may be for the purposes of consultation on making a decision about your application, and to reclaim EMA paid. Scottish Government may also use your data for statistical purposes.

SEEMiS Group LLP, an Education Management Information System provider is our data processor. This enables us to administer your application, and make payments to you.

The Council also 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. This includes information provided in relation to your household, and your parent's income.

Will we send your information outwith the UK?

We do not transfer your information outwith the UK. If we were to make such transfers, it would only be with appropriate safeguards.

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.

Finance
PDF file, 150.3 KB

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
or if you prefer to use a national rate number:
01625 545 745

Do I have to provide my personal data to you?

You do not have to provide us with your personal data. However, if you do not we will be unable to assess and award you EMA.

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

We do not use any automated processes to make decisions about your entitlement to EMA.

This notice was last updated in November 2019.