GDPR Policy & Procedure
Privacy Notice - Staff

> Staff

This policy aims to explain how Community Crisis Care use your personal data.

It is the personal responsibility of every individual referring to this policy to ensure that they are viewing the latest version.

Table 1 linked policies/documents

Employee Handbook

Introduction

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).

This privacy notice describes how we will collect and use personal information about our employees and applicants who apply for positions with us.

Community Crisis Care is the “data controller”. We are responsible for deciding how we hold and use personal information about you. We are required under data protection law to tell you about what information we process about you. Personal information does not include data where the identity has been removed (anonymous data).

Data protection principles

We will comply with data protection law. This say that personal information we hold about you must be:
  • used lawfully, fairly and in a transparent way
  • collected for valid reasons that we have explained to you and not used in any way that is incompatible with that
  • relevant to the purposes we have told you about and limited only to those processes
  • accurate and kept up to date
  • kept only as long as necessary for the purposes we have told you about
  • and kept securely

The kind of information we hold about you

We may collect, store, and use personal information about you in connection with your employment or job application. This may include;

  • Recruitment information, such as CVs, application forms, cover letters or information provided and documented during the interview process
  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
  • Copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process
  • Documentary proof of qualifications, professional registrations and relevant training courses
  • Your contract of employment
  • Probation review, annual appraisals and supervision records
  • Induction booklet and training record
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 medical conditions, disabilities and your health and sickness records
  • Genetic information and biometric data
  • Information about criminal convictions, offences and court orders

How is your personal information collected?

We collect personal information about our employees through the recruitment process and on an on-going basis whilst in our employment. This information normally comes direct from the employee or job applicant or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

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 or because you have asked us to take specific steps before entering into a contract.
  • 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.
  • Where we need to protect your interests (or someone else’s interests).
  • Where it is needed in the public interest.

Situations in which we will use your personal information

We need the categories of information above to allow us to perform our contract with you or take specific steps before entering into a contract and to enable us to comply with our legal obligations. We will also need to up-date the information we hold about you during your employment. The situations in which we will process your personal information are listed below.
  • Making a decision about your recruitment or appointment.
  • Determining the terms on which you may work for us, including salary and compensation, and benefits
  • Checking you are legally entitled to work in the UK
  • Equal opportunities monitoring

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to take specific steps before entering into a contract (such as considering your application or making an offer), or we may be prevented from complying with our legal obligations

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.

 

How we use particularly sensitive personal information

We may process special categories of personal information in the following circumstances;
  • In limited circumstances, with your explicit consent
  • Where we need to carry out our legal obligations
  • Where it is needed in the public interests, such as for equal opportunities monitoring
  • Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards

We will use your particularly sensitive personal information in the following ways;

  • 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, and to provide appropriate workplace adjustments.
  • We will use information about your race or national ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need you consent?

We do not need your consent if we use special categories of your personal information in accordance with our safer recruitment policy to carry our legal obligations

Information about criminal convictions

Where appropriate, we will collect information about criminal convictions as part of the recruitment process or when we complete DBS checks for our regulatory compliance or we may be notified of such information directly by you.

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 consent, or where you have already made the information public.

Data sharing

We may have to share your data with third parties. Where this is done we require third parties to respect the security of your data and to treat it in accordance with the law.

The third-party service providers and the activities carried out by them are as follows;

  • DBS – Capita
  • Occupational Health Checks – Fusion Health

Security of your data

We will ensure that appropriate measures are taken against unlawful or unauthorised processing or personal data, and against the accidental loss of, or damage to, personal data. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it safe.

Where we store your personal data

The information we process about you is held securely at the particular site where you work or securely at our head offices in Morden and Kenley.

Retention of your records

We will not keep your personal data for longer than is necessary for the purpose. Records relating to successful candidates will be placed in their individual personnel file. Records for unsuccessful candidates will be held for 6 months and then securely and safely destroyed.

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to;

  • Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check we are lawfully processing it
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it.
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your persona data, or request that we transfer a copy of personal information to another party, please contact the Data Protection Officer in writing. The DPO can be reached via the Operations Director at tom.ware@communitycrisiscare.com or alternatively write to the DPO at Cheam House, 38 Park Road, Cheam, SM3 8PY.

No fee usually required

You will not normally be required to pay a fee to access your personal information. However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances

What we may need from you

We may need to verify your identify in order for you to access your personal information.

Right to withdraw consent

To withdraw your consent, please contact the Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have legitimate legal basis to do so.

Information Commissioners Office (ICO)

You have the right to make a compliant at any time to the ICO, the UK supervisory authority for data protection issues.