Education Maintenance Allowance - Privacy Statement

A new data protection law was introduced on 25th May 2018. As a result, we've updated our Privacy Notice to make it easier for you to find out how we use, process and protect your information.

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ in regard to the personal data you provide to us. The Data Protection Officer can be contacted at the Council’s headquarters is at Kilmory, Lochgilphead PA31 8RT.  The email address is:   

The information we need to collect is shown in the Education Maintenance Allowance application form but will include details such as contact information and financial information. We may also require special category information (also known as ‘sensitive personal data’ such as health details and/or additional support needs information. 

When we are using this more sensitive type of personal information, our legal basis is usually that we require the information for reasons of substantial public interest for aims that are proportionate and which contain appropriate safeguarding measures.

Why we need this information?

Your information is being collected for the following purpose:

To assess if you are eligible for an Education Maintenance Allowance (EMA).

If you do not provide this information then we will be unable to assess your eligibility and therefore you will not be able to receive an Education Maintenance Allowance.  We will not collect any personal data from you that isn’t needed for delivery of those services.

The legal basis for collecting your information in these circumstances is:

Legal Obligation: Under the Education (Scotland) Act 1980, section 73(f), The Education Maintenance Allowances (Scotland) Regulations 2007, No. 156 Argyll and Bute Council must by virtue of the Education Maintenance Allowance provide support for eligible 16 to 19 year olds from low income households who are attending non­advanced full-time education in school, the community, through voluntary provision, who are home educated or on Activity Agreements.

What we will do with your information?

All of the information we collect from you will be processed by staff in the United Kingdom.

Who we will share with

Reason for Sharing

SEEMiS (Education department’s Management Information System)

For processing your data


Where appropriate

Scottish Government

for statistical analysis purposes

Social Work Services

When necessary

Audit Scotland

to ensure correct procedures are followed in spending public funds

Finance/Creditors department

To allow payment and recovery of overpayments to be made

Customer and Support Services

to validate application details including single occupancy


to carry out their functions in regard to the EMA procedures such as tracking Learning Agreements and confirming attendance

We are legally obliged to safeguard public funds so we are required to verify and check your details internally for fraud prevention. We may share this information with other public bodies such as Audit Scotland (and also receive information from these other bodies) for fraud checking purposes.  We are also legally obliged to share certain data with other public bodies, such as HMRC and Scottish Government and will do so where the law requires this.  We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.

The information you provide to us in respect of your EMA Application will be entered into the Education department’s internal database and once your eligibility has been established the information will also be entered onto the Education department’s Management Information System EMA module.

You should also be aware that your data will be stored on servers located within the United Kingdom; the data will not be processed outside the European Union. We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this is provided on the Council website ( or can be provided in paper format on request to the contact address stated above.

How long will we keep your information?

We will usually keep your information for 6 years and after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose for which it was obtained. 

If you are not eligible for an EMA your details will be entered onto the internal database but not into the Education department’s Management Information System EMA module. Your information will be securely destroyed at the end of the academic year in which you applied. Your application form will also be destroyed at the end of the academic year.

Application forms, evidence of eligibility and correspondence will be stored electronically on the Argyll and Bute Council CIVICA system and will be retained for 6 years. Original documents will be securely destroyed no later than the end of the academic year in which you applied.

More information on our retention schedule is provided on the Council website ( or can be provided in paper format on request to the contact address stated above.

Your Rights

When you provide information to the Council, you will have the following rights:

  • to withdraw consent at any time, where the legal basis specified above is consent
  • to lodge a complaint with the Information Commissioner’s Office
  • to request access to your personal data
  • to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
  • to request rectification or erasure of your personal data, as so far as the legislation permits

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights. 

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone:  0303 123 1113  

The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone:  0303 123 1115 

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