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:
- The processing of your application for a Second Hand Dealer Licence
- The determination of your application for a Second Hand Dealer Licence
- The processing of an application to vary or renew your Second Hand Dealer Licence
- The determining of an application to vary or renew your Second Hand Dealer licence
- The issue of any Second Hand Dealer Licence granted
- Inclusion on the Public Register of Second Hand Dealer Licences
- Ensuring compliance with the conditions of your Second Hand Dealer Licence
- The processing of any complaints made about your Second Hand Dealer Licence
- The determination of any complaints made about your Second Hand Dealer Licence
- The submission of any statutory returns relating to this type of licence
The legal basis for each purpose is set out below:
| Legal basis |
Purpose |
| Consent |
|
| Performance of a contract |
|
| Legal obligation |
1 - 10 |
| Vital interests |
|
| Task carried out in the public interest |
1 - 10 |
| Legitimate interests |
|
We are required by the following legislation to collect your data:
- Civic Government (Scotland) Act 1982
What information do we collect about you? (categories of personal data)
We collect your name, address, postcode, email, phone numbers, date and place of birth, details of all unspent convictions, conditional offers and/or fixed penalties, details of previous licences. We also keep copies of your communications with us and our responses.
Where do we collect information from?
We collect information from you, the organisations and persons we consult with to comply with the law and anyone who submits an objection, representation or complaint.
Who might we share your information with? (recipients of personal data)
Your information will be shared with the following recipients or categories of recipients:
- Police Scotland
- Scottish Fire & Rescue Service
- Falkirk Council Services - Building Standards, Development Management, Trading Standards and Environmental Health
- Licensing Standards Officer
- some information will also be shared with the public via the register of licences and the statutory advertising process
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? (transfers to other countries)
We do not transfer your information outwith the UK.
How long do we keep hold of your information? (retention period)
- Where an application for the grant of a licence is refused by the Civic Licensing committee, information relating to that application will be retained for the current year and the following 6 years. It will then be destroyed.
- In any other case, information relating to your licence will be retained for the current year and the following 6 years from the date the licence ceases to have effect. It will then be destroyed.
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?
If you fail to provide the information required on the application form, we may not be in a position to accept the application as a competent application. This means that your application cannot be processed and will be returned to you.
Do you use any automated processes to make decisions about me?
We do not use automated decision making processes with Second Hand Dealer Licence applications.
This notice was last updated in May 2018.