Who will process the Personal Information?
The personal data you provide to us and also any personal data we collect about (“Personal Information”) will be processed by East Dunbartonshire Council, 12 Strathkelvin Place, Kirkintilloch, G66 1TJ (the “Council”).
You can contact the Council on: 0300 123 4510 firstname.lastname@example.org.
Why will the Personal Information be processed?
The Personal Information will be processed by the Council for the purposes of determining an application submitted for one of the following:
- pupil transport to and from a place of education (and if such an application is granted the provision of transportation for the said pupil);
- pupil transport to and from a place of education in respect of a pupil with additional support needs (and if such an application is granted the provision of transportation for the said pupil);
- transport for adults and children who are receiving help / support / assistance from the Council’s social work services, to attend work / training / education facilities / out of school facilities (and if such an application is granted the provision of transportation)
Who will have access to the Personal information?
Your information will be shared with other departments within East Dunbartonshire Council, the relevant place of education / work / training to and from which the transport is being requested and other organisations for this purpose, and also to:
- check the information we hold is accurate;
- prevent and / or detect crime; and
- protect public funds.
Other organisations may include, bodies responsible for auditing or administering public funds, other councils, public sector agencies, governmental departments, the Scottish Public Service Ombudsman, regulatory and law enforcement bodies and other private companies or entities (such as service providers/contractors to the Council and/or partner bodies).
We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.
We may also process special category information about the person for whom transport is to be provided, such as information about their health. This is to allow: i) an assessment of whether they are entitled to transport based on health grounds; or ii) to make any necessary adjustments to their transport based on information about their health.
Set out below are some examples of who we share the Personal Information with and why
The Personal Information will be shared with our transport suppliers in order to allow them to provide services e.g. Strathclyde Partnership for Transport and taxi suppliers.
In relation to school pupils the Personal Information will be shared with the place of education to and from which the transport for the pupil is requested. This is to ensure the place of education has appropriate records of the current transport arrangements for pupils in order to keep them safe while travelling to and from their place of education.
The Council uses two computerised system’s called “PTIS” and “Access” to hold the Personal Information. The system on which the information is held depends on the kind of transport requested e.g. taxi, bus etc.
Some of the information East Dunbartonshire Council hold about you may come from third party sources.
For example, we may gain information about the person for whom transport was requested, from:
- the pupil’s place of education if the request is for school or assisted support needs transport;
- the Council’s social work department if the request is in relation to an adult or child they work with / assist / support
who may fill out the relevant transport form on the person’s behalf.
The information we may obtain from third parties includes: i) person’s name; ii) address; and iii) date of birth.
What is the Council’s lawful basis for using the Personal Information?
The use of the Personal Information is necessary for the Council to comply with its legal obligations under the following legislation:
- Education (Scotland) Act 1980 (section 51 – Provision of Transport and other Facilities)
- Education (Additional Support for Learning (Scotland) Act 2004) (section 5 – General functions of education authority in relation to additional support needs)
- Social Work (Scotland) Act 1968 (section 12 – General Social Welfare Services of local authorities)
- Children (Scotland) Act 1995 (section 22 – Promotion of welfare of children in need)
- The Local Government (Scotland) Act 1973 (to ensure proper administration of the Council’s financial affairs (including the detection and/or prevention of fraud) (and providing such information as necessary to the Accounts Commission);
Does the Personal Information have to be provided?
You do not have to provide the Personal Information to the Council. Without the correct Personal Information however we may not be able to process the application for transport. This means you may not receive the place requested.
How long will the Personal Information be kept?
East Dunbartonshire Council uses the Scottish Council on Archives Records Retention Schedules to manage the amount of time the Council keeps information. Further information on these can be found here:
If you are searching SCARRS, the references which cover your information for Transport purposes are as follows:
10.006.002 – Additional Support for Learning transport requests – retained for a period of 5 years from the date of last action in respect of the Additional Support for Learning request.
01.006.004 – Case File Adult with learning difficulties / 01.006.011 – Case File Adult with mental health problems / 01.006.018 Case File Adult with physical disabilities: retained for a period of 5 years from date of last action on file or for 3 years from death of adult, whichever is later.
25.010.001 – Assessment of requirements / demand for the school transport service – retained for a period of 5 years from the end of the academic year in which the assessment / demand was made.
02.004.001 - Case File for looked after and accommodated children: retained for a period of 100 years from the child's birth or 25 years from date of death if child dies before 18th birthday.
In respect of Pupil transport request forms, these will be retained for a maximum period of 6 years for eligible primary pupils and a maximum of 5 years for secondary pupils, from the school year in which the request form was submitted.
The Personal Information will be retained for the minimum period necessary. The Personal Information will then be destroyed after this period.
Rights over the Personal Information being held by the Council
- Right of Access – you have the right to access the personal information we hold about you. This right is called a Subject Access Request, often referred to as a SAR. You can receive a copy of your personal data held by us, details on why it is being used, who it has been / will be shared with, how long it will be held for, the source of the information and if we use computer systems profile or take decisions about you. Details on how to submit a Subject Access Request can be found here: https://www.eastdunbarton.gov.uk/council/data-protection/subject-access-request
- Right to Rectification of Personal Data - You have the right to request that we correct any personal data held about you that is inaccurate.
- Right to Erasure of Personal Data - You have the right to request that we delete personal data about you. This is known as the right to be forgotten. You can request erasure of personal data in certain circumstances for example: i) the personal data is no longer necessary for the purpose it was collected; ii) it is being processed unlawfully; iii) the personal data has to be erased due to a legal obligation we are subject to.
- Right to Restrict Processing - You have the right to request that we restrict processing your personal data if: i) you think the personal data is inaccurate; ii) the processing is unlawful; iii) we no longer need the personal data but you may need it for legal purposes; or iv) you object to us processing for the performance of a public interest task or the official authority vested in us
Details on how to complain to the ICO
You have the right to complain to the Information Commissioner’s Office (ICO) should you be unhappy with the way the Council has used the Personal Information.
Details on how to report a concern can be found here:- https://ico.org.uk/concerns/
ICO Head Office Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 0303 123 1113
Regional Scottish Office Address: 45 Melville Street, Edinburgh, EH3 7HL
Tel: 0303 123 1115
Details on how to Contact the Council’s Data Protection Officer
Should you have any questions or concerns about the Council’s handling of the Personal Information you can also contact the Council’s Data Protection Officer:
Data Protection Officer
East Dunbartonshire Council
12 Strathkelvin Place
Tel: 0300 123 4510