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: Governance, Risk and Safety Manager, Argyll and Bute Council, Compliance and Regulatory Support, Kilmory, Lochgilphead PA31 8RT.
Email: data.protection@argyll-bute.gov.uk Telephone: 01546 605522
The Council collects and processes personal data relating to its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information do we collect?
The Council collects and processes a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number, date of birth and gender;
- details of your qualifications, skills, experience and employment history, including start and end dates with previous employers
- information about your marital status
- information about your nationality and entitlement to work in the UK;
- information about your criminal record;
- medical or health information, including whether you have a disability for which the organisation needs to make reasonable adjustments;
- PVG status and membership;
- membership or registration with professional organisations;
- equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief also known as “sensitive personal data”.
Our legal basis for processing your personal information is: -
Article 6(1)(f) – Legitimate interests
Our legal basis for processing your special category information is: -
Article 9(2)(b)
- the purposes of performing or exercising obligations or rights of the recruiting employer or applicant under employment law, such as not to discriminate against an applicant;
- the assessment of an applicant’s working capacity, subject to confidentiality safeguards
Article 9(2)(f)
- for the establishment, exercise or defence of legal claims or in the case of a court order.
The Council collects this information in a variety of ways. For example, through the recruitment process data is collected through application forms; 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 (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.
The organisation also collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks permitted by law.
Data is stored in a range of different places, including in your personnel file, in the organisation's HR management systems and in other IT systems (including the organisation's email system).
Why we need this information?
The Council needs to process these data to enter into an employment contract with you and to meet its obligations under your employment contract. The Council will process your data in accordance with the employment law, including the Employment Rights Acts 1996, the Equal Opportunity 2010, the Health and Safety at Work etc. Act 1974 and enabled regulations, agreements with the NHS and Live Argyll, and other relevant legislation and subsequent updates. The Council will not collect any personal data from you that isn’t needed.
As listed in the table below, processing employee data allows the organisation to:
| Council process | Legal/Contractual basis for the process |
|---|---|
| Run recruitment | Employment Rights Acts 1996 or necessary for the performance of a contract |
Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes).
Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring. Data that the organisation uses for these purposes is anonymised or is collected with the express consent of employees, which can be withdrawn at any time. Applicants are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.
Argyll and Bute Council is under a duty to protect the public funds it administers, and to this end may use the information you have provided on the application form for the prevention and detection of fraud.
It may also share your information with other bodies responsible for auditing or administering public funds for these purposes. You can find further information by going to the following website http://www.gov.uk/government/publications/fair-processing-national-fraud-initiative to see the full National Fraud Initiative Privacy Notice.
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 will have been made aware of the confidentiality around personal data and will be shared with the recipients or categories of recipients listed below, including any potential employers you might work for upon termination of your contract with the council who may ask for a reference:
- The recruiting manager and the Council Senior Management;
- Internal Council Benefit Office where appropriate;
- For those applying for roles within the Health and Social Care Partnership service (HSCP) with the NHS;
- Professional bodies (General Teaching Council Scotland, Scottish Social Services Council);
- For prior employment check with admitted bodies for continuous employment rights;
- Employment agencies;
- Tribunal service and the Police as required;
- Disclosure Scotland for purposes of processing PVG application form. The application form has its own consent section which you need to sign prior to us sending it to them. If you do not sign this form you will not be able to work in any of our educational establishments.
Your personal data will not be shared with anyone else unless there is a legal obligation for us to do so.
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 on request to the Data Protection Officer.
How long will we keep your information?
We will usually keep your information for a minimum of the number of years outlined in the table below. 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.
| Council process | How long do we keep the information for |
|---|---|
| Run recruitment |
|
| Ensure effective general HR and business administration | All papers will be deleted after termination of employment + 6 years |
| Provide references on request for current or former employees | All papers will be deleted after termination of employment + 6 years |
| Respond to and defend against legal claims | All papers will be deleted after termination of employment + 6 years |
| Maintain and promote equality in the workplace | All papers will be deleted after termination of employment + 6 years |
More information on our retention schedule can be provided on request to the Data Protection Officer.
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
