HRSelect – EmploymentCheck Privacy Notice
Who are we?
EmploymentCheck is an online system for Disclosure and Barring Service (DBS), Disclosure Scotland and reference checks provided by Cantium Business Solutions Ltd. (Cantium). Cantium are a Local Authority Trading Company owned by Kent County Council delivering HR, Finance, IT and Professional services. Cantium collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the under the UK Data Protection Act 2018 (DPA 2018) and the EU General Data Protection Regulation which applies across the European Union (including in the United Kingdom).
For the purposes of the services provided by Cantium to the client organisation:
· We are responsible as ‘controller’ of your personal information where you are the person named as the client organisation contact with whom we liaise in relation to our contract with our client.
About the information we collect and hold
The table set out below summarises the information we collect and hold for this service, how and why we do so, how we use it and with whom it may be shared.
We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.
Information we collect
How we collect the information
Why we collect the information
How we use and share the information
Client organisation information including names and contact details including employer address, phone number and email address of relevant employee
From the client organisation
Performance of a contract
To provide secure administrative access to the system and relevant information for the Client organisation’s employees as required
For customer account management including billing, handling queries and provision of management information as required
Further details on how we handle personal information are set out in our Data Protection Policy and Policy statement on the secure storage, handling, use, retention and disposal of disclosure information.
As there is a statutory and contractual basis for collecting your personal data if you do not provide the following we may be unable to enter into a contract with your organisation.
· Personal Data: contact name and telephone number (client contact)
How we use your information to make automated decisions
An automated decision is where an electronic system makes a decision using personal information without human intervention (e.g. monitoring your online activities and emails or events which trigger actions such as your sickness absence triggering our capability policy). This helps us to make sure our decisions are quick, fair, efficient and correct, based on what we know. These automated decisions can affect the services we may offer you now or in the future.
Automated decision making is allowed in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration
2. Where it is necessary to fulfil our contractual obligations and requirements and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit consent and where appropriate measures are in place to safeguard your rights.
If an automated decision is made, based on any particularly sensitive personal information, we must have either your explicit written consent or it must be justified
in the public interest, and we must put in place appropriate measures to safeguard your rights.
How long your personal data will be kept
We will not retain your information for longer than is necessary in providing the service or as is required by law.
Who we share your personal information with
Other than as stated in the table above, we will share personal information with law enforcement, our regulators or other authorities if required by applicable law.
We will also share your personal information with third parties where it is necessary to administer our working relationship with you or where we have another legitimate interest in doing so (providing this is not overridden by your interests).
We may also need to share some of the categories of personal information with other parties where a transfer of the business takes place. Usually, information will be anonymised or pseudonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations and legally binding data sharing agreements.
Our third-party service providers include:
· UK Fast.Net Ltd (system hosting)
Access to data is only granted where authorised by Cantium and specifically required in line with our contract with them. System data is hosted within the UK by an ISO 27001 accredited supplier and supplier information security standards meet DBS requirements.
Where information may be retained
Information may be retained at our offices and those of our service providers, representatives and agents as described above.
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers/
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further information see European Commission: EU-US Privacy Shield: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the European Economic Area (EEA).
Reliance on UK exemptions from the GDPR
We may use information in reliance on the exemptions under the
DPA 2018 where allowed e.g. where a claim to legal professional privilege would apply, in relation to the provision of confidential references or for the purposes of management forecasting (to the extent that such forecasting would be prejudiced by advance notification).
Under the DPA 2018 you have a number of rights which you can access free of charge which allow you to:
· Know what we are doing with your information and why we are doing it
· Ask to see what information we hold about you
· Ask us to correct any mistakes in the information we hold about you
· Object to direct marketing
· Make a complaint to the Information Commissioners Office
Depending on our reason for using your information you may also be entitled to:
· Ask us to delete information we hold about you
· Have your information transferred electronically to yourself or to another organisation
· Object to decisions being made that significantly affect you
· Object to how we are using your information
· Stop us using your information in certain ways
We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties.
Please note: your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office (ICO) on individuals’ rights under the General Data Protection Regulation: https://ico.org.uk/
If you would like to exercise a right, please contact email@example.com or write to Data Protection Officer, Cantium Business Solutions, Worrall House, 30 Kings Hill Avenue, West Malling, ME19 4AE.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who to Contact
Please contact firstname.lastname@example.org to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
You can contact our Data Protection Officer, iSystems at email@example.com or by writing to Data Protection Officer, Cantium Business Solutions, Worrall House, 30 Kings Hill Avenue, West Malling, ME19 4AE.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone 03031 231113.
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
This document was last reviewed September 2020.
Experian Data Services End User Terms
When establishing the true identity of an applicant an external ID verification check may be used as an alternative to Route 1/1a. This will require us to provide an applicant’s details (as presented on the application form) to our chosen supplier Experian, who will compare the data obtained from the applicant against a range of independent, external data sources.
Please take a moment to read the Experian Terms and Conditions with regards to the core terms concerning the nature and use of the services, confidentiality, data protection, compliance and audit.
Disclosure Scotland (“we”) are an agency of the Scottish Government and the services we provide are governed by the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007.
Questions, queries and comments in relation to how we process your personal information are welcome and should be addressed to our Data Protection Officer at DataProtectionOfficer@gov.scot.
Disclosure Scotland is fully committed to compliance with all applicable data protection legislation and our operations and processes are in accordance with law. Where you provide us with consent to do so, we will collect personal information about you which you provide to us in your application, from police forces and from police records. Our services are used to prevent crime and protect the vulnerable. The information we collect will only be disclosed to legitimate organisations who have a legal right to access this information. Disclosure Scotland reserves the right to share information with the police where it believes a crime may have been committed.
We will retain your data for a period of ten years. We protect your data in line with UK government information security standards and regularly test the security of our systems. All staff processing Disclosure Scotland applications are background checked before they are provided access to our systems.
We only process your information where you have provided us with your consent to do so.
Cantium Policy Statement on the Recruitment of Ex-Offenders
As an organisation using the Disclosure and Barring Service (DBS) to assess applicants' suitability for positions of trust, Cantium Business Solutions Ltd (Cantium) complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of conviction or other information revealed.
Cantium is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience.
A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, job adverts and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
For roles requiring an enhanced or standard disclosure (exempt from Rehabilitation of Offenders Act) you will be asked questions at application stage with regards to any cautions or convictions (including spent convictions) and you will be asked to provide details of these (including offence dates, dates of conviction/caution, offence types and sentences received).
Where a Disclosure is to form part of the recruitment process, we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We guarantee that this information is only to be seen by those who need to see it as part of the recruitment process.
For roles requiring a Basic check and for roles where no DBS check is required (roles covered by the Rehabilitation of Offenders Act) you will only be asked questions once you have accepted a conditional offer of employment and as part of the pre-employment process. We will only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974. Any information provided will be fully considered in consultation with the applicant before a decision is made.
We ensure that all those in Cantium who are involved in the recruitment process are fully supported to identify and assess the relevance and circumstances of offences by members of staff who have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
We make every subject of a DBS Disclosure aware of the existence of the DBS Code of Practice and make a copy available on request.
We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.
Cantium reserves the right to judge each case on its merits within the following parameters:
· Nature of offence(s) listed and / or police information disclosed
· Relevance to the post applied for
· Length of time elapsed since incident
· Whether the matters disclosed form any pattern
· The circumstances under which the offence was committed
· Changes in the applicant’s personal circumstance
· Openness of declaration during the recruitment process
· Country of conviction
Matters revealed in a Disclosure will be risk assessed as outlined in sections 9 and 10 of the Cantium Disclosure and Barring Service (DBS) Procedure.
Having a criminal record will not necessarily bar you from working with us. This will depend on the nature of the position and the circumstances and background of your offences.
Cantium Policy Statement on the Secure Storage, Handling, Use, Retention & Disposal of Disclosure Information
As an organisation using the Disclosure and Barring Service (DBS) to help assess the suitability of applicants for positions of trust, Cantium Business Solutions Ltd (Cantium) complies fully with the DBS Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. It also complies fully with its obligations under the Data Protection Act 2018, General Data Protection Regulation and other relevant legislation:
· in relation to the circumstances in which it seeks criminal records information;
· by being concise, clear and transparent about how it obtains and uses such information, and how (and when) it is deleted once it is no longer required; and
· by ensuring the correct handling, use, storage, retention and disposal of DBS certificates and certificate information.
Cantium’s data protection officer (DPO), iSystems, is responsible for informing and advising Cantium and its staff on its data protection obligations, including in relation to criminal records information, and for monitoring compliance with those obligations and with Cantium’s policies. If you have any questions or comments about the data protection content of this policy or if you need further information, you should contact the DPO at firstname.lastname@example.org
Storage & Access
Paper form Disclosure information is always kept separately and securely, in lockable, nonportable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.
On-line Disclosure information is kept within the EmploymentCheck on-line system and Cantium’s HR/Payroll system. This information is stored for monitoring purposes only. Access to these systems is strictly controlled and only granted to those who need this as part of their duties.
All other emails or documents recording the disclosure information that are held by any of the authorised staff involved in decision making, will be securely deleted or destroyed immediately upon the risk assessment being completed.
In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom Disclosure information has been revealed as part of the Risk Assessment process and we recognise that it is a criminal offence to pass this information to anyone who is not entitled to receive it. We only share Disclosure information with those who require this as part of their duties.
Disclosure information is only used for the specific purpose for which it was requested and for which the applicant's full consent has been given.
Once a disclosure has been received and a recruitment (or other relevant) decision has been made, we do not keep Disclosure information for any longer than is necessary. This is for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, we will consult the DBS about this and give full consideration to the Data Protection and Human Rights of the individual subject before doing so. Throughout this time, the usual conditions regarding safe storage and strictly controlled access will prevail.
Personal information kept within the EmploymentCheck on-line system is purged after a period of 6 months from the date the application is archived (the recruitment decision made) as outlined in our Privacy Notice.
Once the retention period has elapsed, we will ensure that any Disclosure information whether this be paper form or on-line information is immediately and suitably destroyed by secure means or deleting within the EmploymentCheck on-line system. While disclosure documentation is waiting to be disposed of we will ensure that this is kept in a secure lockable, non-portable storage container or securely within the on-line system. We will not keep any photocopies or other images of the Disclosure or any copy or representation of the contents of a Disclosure. However, notwithstanding the above, we may keep a record of:
· Application ID
· ID Verifier Username
· DBS Vulnerable Adults checked
· DBS Children’s Barred List checked
· Position working with children or adults at the applicant’s home address
· Type of check required
· DBS Application Reference
· Disclosure number
· Disclosure issue date
· Separate barred list check required?
· Recruitment decision
· Certificate of Good Conduct required?
· Certificate of Good Conduct received?
· Position for which certificate was requested
Acting as an Umbrella Body
Before acting as an Umbrella Body (one which countersigns applications and receives Disclosure information on behalf of other employers or recruiting organisations), we will take all reasonable steps to ensure that they can comply fully with the DBS Code of Practice. We will also take all reasonable steps to satisfy ourselves that they will handle, use, store, retain and dispose of Disclosure information in full compliance with the DBS Code and in full accordance with this policy. We will also ensure that any body or individual, at whose request applications for Disclosure are countersigned, has such a written policy and, if necessary, will provide a model policy for that body or individual to use or adapt for this purpose.