Education Maintenance Allowance

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:

Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT.  

Email:  Iain.Jackson@argyll-bute.gov.uk   or  data.protection@argyll-bute.gov.uk  

Telephone:  01546 604188 or 01546 605522   

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.

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 can be provided by the Data Protection Officer if required.

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 can be provided by the Data Protection Officer if required.

Your Rights

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

  • to withdraw consent at any time, where the lawful basis specified above is consent
  • to lodge a complaint with the Information Commissioner’s Office – see below for details
  • to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
  • 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 far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.

You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.

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  
Email:  casework@ico.org.uk

The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone:  0303 123 1115 
Email:  Scotland@ico.org.uk