Employees, workers and contractors
The kind of information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are "special categories" of more sensitive personal data which require a higher level of protection.
We may collect, store, and use the following categories of personal information about you:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
- Date of birth
- Marital status and dependants
- Next of kin and emergency contact information
- National Insurance number
- Bank account details, payroll records and tax status information
- Salary, annual leave, pension and benefits information
- Start date
- Location of employment or workplace
- Copy of driving licence
- Recruitment information (including copies of right to work documentation, references and other information included as part of the application process)
- Employment records (including job titles, work history, working hours, training records and professional memberships)
- Performance appraisal information
- Disciplinary and grievance information
- CCTV footage and other information obtained through electronic means such as swipe/ID card records or location data
- Information about your use of our information and communications systems
We may also collect, store and use the following "special categories" of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions
- Trade union membership
- Information about your health, including any medical condition, health and sickness records
- Information about criminal convictions and offences
How is your personal information collected?
We typically collect personal information about employees, workers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency. We may sometimes collect additional information from third parties including former employers and our occupational health service provider(s).
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we have entered into with you
- Where we need to comply with a legal obligation
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else's interests)
- Where it is needed in the public interest or for official purposes
Situations in which we will use your personal information
We need all the categories of information in the list above (see The kind of information we hold about you) primarily to allow us to perform our contract with you* and to enable us to comply with legal obligations**. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties***, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. Finally we may process your information in accordance with an official authority vested in the Council****. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved.
- Making a decision about your recruitment or appointment ***
- Determining the terms on which you work for us *
- Checking you are legally entitled to work in the UK **
- Paying you and, if you are an employee, deducting tax and National Insurance contributions *,**
- Providing certain benefits to you, such as Cyclescheme or annual season ticket loans, as referenced within our policies on the following Insite page: http://insite.northdevon.gov.uk/human-resources/hr-policies/ ***
- Liaising with your pension provider *,**
- Administering the contract we have entered into with you *
- Organisational management and planning, including accounting and auditing *,***
- Conducting and managing performance reviews, managing performance and determining performance and development requirements *,***
- Pay award, job evaluation scheme and compensation *,***
- Gathering evidence for possible grievance or disciplinary hearings *,***
- Making decisions about your continued employment or engagement *
- Making arrangements for the termination of our working relationship *
- Education, training and development requirements *,***
- Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work ***
- Ascertaining your fitness to work and managing sickness absence *,***
- Complying with health and safety obligations including the reporting of accidents at work *,**
- To prevent fraud *,**
- To monitor your use of our information and communication systems to ensure compliance with our ICT policies ***
- To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution ***
- To conduct data analytics studies to review and better understand employee retention and attrition rates ***
- Equal opportunities monitoring **
- To provide references on request ***
- To establish the location of Council owned vehicles when carrying out tasks on our behalf ***
- To issue parking permits/parking boards to staff *,****
- To enable us to record security or health and safety incidents for review after such incidents are reported to us ***
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.>/p>
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we use particularly sensitive personal information
"Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- In limited circumstances, with your explicit written consent
- Where we need to carry out our legal obligations and in line with our data protection policy
- Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our data protection policy
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
Our obligations as an employer
We will use your particularly sensitive personal information in the following ways:
- We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws
- We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting
- We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
We envisage that we will hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences in the following ways:
- To assess suitability when making an employment decision; and
- To ensure information security when permitting access to potentially sensitive information, such as being considered for a GCSX account
We are allowed to use your personal information in this way to carry out our obligations in exercising our employment law obligations or rights.
We may have to share your data with third parties, including third-party service providers.
We require third parties to respect the security of your data and to treat it in accordance with the law.
If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my personal information with third parties?
We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
"Third parties" includes third-party service providers (including contractors and designated agents as well as, where relevant other local authorities where you are employed on a joint service). The following activities are carried out by third-party service providers: pension administration, training provision and our occupational health service provision.
How secure is my information with third-party service providers and other entities?
All our third-party service providers and other entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
When might you share my personal information with other entities?
We will share your personal information with other entities when:
- dealing with your pension provision
- a training arrangement is entered into; or
- you are referred for occupational health advice
What about other third parties?
We may also need to share your personal information with a regulator