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 ensure individuals are being supported or supervised in the community
- To support those receiving social care services in prison, or statutory/voluntary throughcare on release
- To support individuals subject to community payback/fiscal work orders, or diversion from prosecution
- Support those persons subject to Multi Agency Public Protection Arrangements (MAPPA)
- In the case of photographs, to ensure personalised care and support, to record social events and to promote the service, and for public information purposes.
The legal basis for each purpose is set out below:
| Legal basis |
Purpose |
| Consent |
5 |
| Performance of a contract |
|
| Legal obligation |
|
| Vital interests |
|
| Task carried out in the public interest |
1, 2, 3, 4 |
| Legitimate interests |
|
Some of the key legislation we use are detailed below:
- Social Work (Scotland) Act 1968
- Criminal Procedure (Scotland) Act 1995
- Management of Offenders etc (Scotland) Act 2005
- Community Justice (Scotland) Act 2016
- Related legislation applying to support for those subject to criminal justice processes in Scotland
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, national insurance number and contact details (including telephone number, email or address including postcode).
We may also collect information to ensure we can assess your needs and provide you with support. This may include your relationship status and language spoken. We may also collect sensitive information about you such as racial or ethnic origin, health and religious beliefs.
We will also process data about any criminal convictions you may have or offences you may have committed. This is because we have responsibility for the protection of children and vulnerable adults as well as a responsibility to assess your needs. Information about criminal offences or alleged offences will be processed by us where relevant to your support and supervision or the protection of vulnerable people.
We may also take photographs to ensure personalised care and support, to record social events and to promote the services and for 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 receive additional information 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.
We will also collect information from one or more of our partner agencies such as NHS Forth Valley, Police Scotland, the Scottish Prison Service and Voluntary sector organisations working with the council.
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?
Supervision and social care support often involves multi-agency work. There are many other agencies with whom we are likely to share your data in order to support you. These include the NHS – which may be your GP, any specialist whose care you are under, hospital staff, prison-based healthcare staff, pharmacists, district nurses, Scottish Ambulance Service and allied professions involved in your care and support.
We are certain to share information with the Scottish Prison Service (SPS) if you are, or have recently been, in prison. We will routinely share information with any provider of care and support to you, either your own private carers, those being paid to provide services to you or voluntary agencies offering you support.
As well as the NHS and SPS we may share information with certain other Community Justice Partners including Police Scotland, Scottish Fire and Rescue Service, Scottish Courts and Tribunals Service, Scottish Government and Skills Development Scotland and will almost certainly do so if you are subject to MAPPA arrangements.
We will also share information with the Procurator Fiscal Service in relation to Diversion from Prosecution and Fiscal Work Orders, and Falkirk Justice Services Caledonian and Groupwork Team (CGT), when an assessment of your suitability for an offending behaviour group-work programme is required.
If you are participating on a groupwork programme with our CGT, information on your participation with the programme will be shared between relevant agencies to support risk and case management processes.
In addition, we may share information with some other agencies depending on your individual circumstances. These include your housing provider, if aspects of your support relate to housing adaptations or other housing-related issues and the Department of Work and Pensions in terms of benefits you may receive. We will also share information with other council services where we are working with them to provide services to you.
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 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.
- Downloads
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Criminal Justice
PDF file, 95 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:
Do I have to provide my personal data to you?
Yes, as we are complying with statutory legislation 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 February 2023.