Careers privacy notice
What this privacy notice covers
Your privacy is very important to Breckland District Council.
Breckland District Council is the Data Controller responsible for the personal information you may provide in relation to:
- Applying for a job
- Staff employment
- Processing a Disclosure and Barring Service (DBS) check
Our Data Protection Officer can be contacted by phone on 01362 656870, via email: email@example.com or by writing to us at Legal Services, Breckland District Council, Elizabeth House, Walpole Loke, Dereham, Norfolk, NR19 1EE.
Your data may be processed by Public Sector Partnership Services Ltd (PSPS), formerly known as Compass Point Business Services, a company owned by East Lindsey and South Holland District Councils.
PSPS's Data Protection Officer can be contacted via email: Data.Protection@pspsl.co.uk, by phone on 01507 613303, or in writing to Data Protection Officer, Public Sector Partnership Services Ltd, Tedder Hall, Manby Park, Louth, Lincolnshire LN11 8UP.
The HR & Payroll System in use by Breckland Council is iTrent and therefore your data will be processed by MHR of Ruddington Hall, Loughborough Rd, Nottingham NG11 6LL.
Why we need your personal data
Your information will be used to process your job application and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job.
We may also need to process data from job applicants to respond to and defend against legal claims.
In some cases, we need to process data to ensure that we are complying with our legal obligations. For example, we are required to check a successful applicant's eligibility to work in the UK before employment starts.
You are under no statutory or contractual obligation to provide data during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all. The legal basis for processing your data is Article 6.1(b) of the General Data Protection Regulations, as processing is required for the performance of a contract, or Article 6.1(c) as processing is necessary for compliance with a legal obligation, under The Safeguarding Vulnerable Groups Act 2006, the Equality Act 2010, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Human Rights Act 1998.
We may process information about whether applicants are disabled to make reasonable adjustments for candidates who have a disability. This is for equal opportunities monitoring purposes and/or to carry out our obligations and exercise specific rights in relation to employment practices.
Where it is necessary to process Special Category data, such as personal data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data or other data concerning your health or sexual orientation this is processed under Article 9.2(b) of the General Data Protection Regulations. This is on the basis that processing is necessary for the purposes of carrying out the obligations, exercising specific rights in the field of employment and providing for appropriate safeguards for your fundamental rights and interests.
Your information will be used to meet our obligations under a contract of employment. The legal basis for processing your data is Article 6.1(b) of the General Data Protection Regulations, as processing is required for the performance of a contract and Article 6.1(c) of the General Data Protection Regulations, as processing is required to comply with our legal duty as an employer. For our flu vaccination programme, your data is processed under Article 6.1(a) following your consent for us to process your personal data for this specific purpose only.
The relevant legislation is contained within HMRC regulations, Local Government Act 1972, Health & Safety (Display Screen Equipment Regs) 1992, Public Sector Equality Duty and the Equality Act 2010, Employment Rights Act 1996, Transfer of Undertakings (Protection of Employment) Regulations 2006, Income Tax (Employment) Regulations 1993, Maternity and Parental Leave etc. Regulations 1999, Statutory Sick Pay (General) Regulations 1982, Pensions Act 2014, Safeguarding Vulnerable Groups Act 2006, Rehabilitation of Offenders Act 1974 (Exceptions Order 1975), Human Rights Act 1998, Health & Safety at Work Act 1974 and the Employment Relations Act 2004.
Where we process your special category data, we do so under the relevant section of Article 9.2 of the General Data Protection Regulations, as follows:
(b) Where necessary to comply with obligations and exercising rights in the field of employment and social security and social protection law.
(c) to protect your vital interests, where you have disclosed a medical condition.
(f) where necessary to establish, exercise or defend legal claims or occasionally (a) with your consent.
During the coronavirus pandemic we may also need to let people know if they have had contact with a staff member who displays symptoms or has been diagnosed with having the virus. As this is health data, and therefore more sensitive we are required to have a further lawful reason to process in this manner. For more information and full details as to our lawful reasons, please see ourCOVID-19 privacy notice.
Your information will be used to process a DBS check and records kept to show that this has been completed. The Safeguarding Vulnerable Groups Act 2006 requires employers to complete a DBS check for employees fulfilling certain duties. Our legal basis for processing your data is to comply with this statutory duty as your employer under Article 6.1(c) of the General Data Protection Regulations. It is our responsibility to ensure that any checks processed against individuals in certain roles, legally should have the checks undertaken in accordance with the criteria as set out in Article 10 of the Rehabilitation of Offenders Act 1974 (Exceptions Order 1975).
The data contained within the DBS disclosure is often sensitive and can contain details of offences or convictions. We have a duty to make sure that any data disclosed is both accurate and relevant.
Where it is necessary to process Special Category data, such as personal data revealing any criminal convictions and offences this is processed under Article 9.2(b) of the General Data Protection Regulations. This is on the basis that processing is necessary for the purposes of carrying out the obligations, exercising specific rights in the field of employment and providing for appropriate safeguards for your fundamental rights and interests.
How your data is used
We collect the following information:
- Your name, address and contact details, including email address and telephone number, date of birth and gender.
- The terms and conditions of your employment.
- Details of your qualifications, skills, experience, and employment history, including start and end dates with previous employers and with the organisation.
- Psychometric or other aptitude test results appropriate to the post.
- Any other information collected during the recruitment process (see Job Applicants Privacy Notice).
- Information about your remuneration, including benefits such as pension, and details of income tax and National Insurance returns.
- Private vehicle details, where used for council business, including insurance and driving licence details.
- Details of business expenses, mileage, overtime and/or relocation claims.
- Information about your pension.
- Any risk assessments that may be completed in the course of your employment.
- Details of your bank account and national insurance number.
- Information about your marital status, next of kin, dependants, and emergency contacts.
- Information about your nationality and entitlement to work in the UK.
- Information about your criminal record.
- Details of your schedule (days of work and working hours) and attendance at work.
- Details of periods of leave taken by you, including holiday, sickness absence, family leave, and the reasons for the leave.
- Details of any Maternity / Paternity / Sickness payments made to you.
- Details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence and any records relating to employment tribunal.
- Assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in (including apprenticeships), performance improvement plans, and related correspondence.
- Service review, consultation, and redundancy details.
- Records relating to the disclosure of interests that could conflict with the council's interest.
- Information about medical or health conditions, including whether you have a disability for which the organisation needs to make reasonable adjustments.
- Details of trade union membership.
- Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health, and religion or belief.
The organisation collects this information in a variety of ways. For example, data is collected through application forms or CVs, obtained from your passport or other identity documents such as your driving licence, from forms completed by you at the start of or during employment, from correspondence with you, or through interviews, meetings, or other assessments.
In some cases, the organisation collects personal data about you from third parties, such as references supplied by former employers and colleagues.
Data is stored in a range of different places, including in your personnel file, on the central HR G: Drive, in the organisation's HR management systems, and in other IT systems (including the organisation's email system).
CCTV and camera footage is in operation throughout certain business premises with public access, and where the monitoring of health and safety or security is of a particular concern. Footage from this camera is recorded and stored for 30 days or less. The primary purpose for their installation is to ensure the health, safety and wellbeing of our employees, contractors, consultants, agency workers and customers. The council will not use CCTV for monitoring the work of employees or finding out whether they are complying with internal policies, procedures, and Code of Conduct. However, the use of CCTV footage may be considered during disciplinary investigations if it is necessary and proportionate to the issue being investigated. The council follows best practice guidance from the Information Commissioners Office (ICO) in respect of the use of CCTV which can be found on the ICO's website.
We may also share this information with other bodies responsible for detecting and preventing fraud or auditing and administering public funds as required by law.
We may receive or pass your information to other agencies or organisations to ensure the information is accurate and to comply with our legal obligations. This could include the Police or HMRC.
We may share information with other organisations such as our Occupational Health provider, where we have your consent and it is in your interest. When you request a free flu jab voucher, you will give your consent for us to share your details with Boots for the sole purpose of providing your e-voucher and your corporate flu vaccination.
We may share your information with your Pension Administrators, and if necessary in the case of an employment tribunal, with Solicitors.
In your capacity as an employee of the council your name and business contact details, when acting in a business capacity will be included in correspondence.
We will not disclose your personal information to third parties for marketing or sales purposes or for any commercial use, and we will not use your personal data in a way which may cause you harm.
For DBS checks, we will collect:
- Your name (including pervious surname), address details (including pervious address history within the last five years), date and place of birth, and gender.
- Details of your national insurance number (where applicable), passport details (where applicable), driving licence details (where applicable), and Scottish vetting and barring number (where applicable).
- Personal identification in support of the application.
- Declaration of whether you have any convictions, cautions, reprimands, or warnings.
- Position applied for and level of DBS check.
How long is the information kept for?
Unless otherwise specified below, employment details and personal data are retained for six years post termination. However, in the case of a disciplinary process where it is found that there is no case to answer and there are no recommendations, these records will be destroyed within three months.
Records relating to car loans will be retained for six years following the year that the loan was taken out. Information stored on the central HR drive relating to apprenticeships, staff benefits (such as Cyclescheme and childcare vouchers), flu voucher records, staff consultation and feedback, disciplinary case files, declared Officer Interests, training, Service Reviews, TUPE, Long Service Awards, Trade Union negotiations / meeting notes and overtime are retained for 6 years post last action, such as the end of apprenticeship.
Pensions year-end returns are retained for 15 years after the tax year-end return is completed.
If your application for employment is unsuccessful, the organisation will hold your data on file for one year after the end of the relevant recruitment process. At the end of that period, your data is deleted or destroyed.
We do not retain your personal data related to your DBS application/disclosure as the application form is sent to DBS for processing and copies are not kept. A record of the fact that you have had a DBS check will be held until it is due for renewal, which is two years after the check date.
You have the right to access your data and correct any inaccuracies. For further details of your rights please contact the Data Protection Officer or go to ourwebsite for a more detailed explanation.
Last updated: 17/09/2021 13:24:48