Employment Candidate Privacy Notice

Who are we? 

Redcar and Cleveland Borough Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). This notice relates to individuals who are applying for work with us (whether as an employee, worker, volunteer or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. 

The Council has appointed a Data Protection Officer. Their contact details are:

Data Protection Officer

Redcar and Cleveland House

Kirkleatham Street

Redcar

TS10 1RT

Please contact us by emailing InformationGovernance@redcar-cleveland.gov.uk or by calling 01642 774774

What personal information do we collect?

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:

  • Basic details e.g. name, title, gender, date and place of birth, etc;
  • Contact details e.g. address, telephone number, personal email address;
  • Employment history and references; 
  • Education history, qualifications including copies of the supporting certificates;
  • Identification e.g. National Insurance Number, nationality and immigration ID;
  • Eligibility to work in the UK information;
  • Driving licence details;
  • Professional body registrations.

We may also collect, store and use the following "special categories" of more sensitive personal information:

  • Equal opportunities monitoring information including, race or ethnicity, religious beliefs, marital status, sexual orientation and political opinions;
  • Health and medical information including, sickness records and disability. 
  • Information about criminal convictions and offences.

Why do we collect your personal information? 

We will use the personal information we collect about you to:

  • Assess your skills, qualifications, and suitability for the role;
  • Carry out background and reference checks;
  • Communicate with you about the recruitment process;
  • Keep records related to our recruitment processes;
  • Comply with legal or regulatory requirements;
  • Ensure meaningful equal opportunity monitoring and reporting;
  • Access funding from third parties i.e. Apprentices.

Who do we obtain your information from?

We collect personal information about candidates from the following sources:

  • You, the candidate;
  • Neutral Vendor recruitment agency;
  • Disclosure and Barring Service via NEREO / Disclosure Scotland;
  • Occupational Health (currently Medacs Healthcare);
  • Named referees.

Who do we share this information with?

We will only share your personal information with the following third parties for the purposes of processing your application: 

  • North East Jobs via NEREO;
  • Reference providers;
  • Occupational Health (currently Medacs Healthcare)
  • Job Centre – to look at accessibility/etc. 

How long do we keep your information for?

We will retain your personal information for a period of 12 months after we have communicated to you our decision about whether to appoint you to role. We will retain the successful candidates information on their personal file in line with the HR Retention Policy. 

What is our lawful basis for processing your information?

Redcar and Cleveland Borough Council relies on the following lawful bases to process your personal data:

  • UK GDPR Article 6 (1)(b) - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; or,
  • UK GDPR Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject. For the processing of personal data relating to criminal convictions and offences, processing meets Schedule 1, Part 2 of the Data Protection Act 2018 as below:
    • (1) Employment, social security and social protection

When processing special category data, the Council will rely on the following lawful bases:

  • UK GDPR Article 9(2)(b) – processing is necessary for the purposes of carrying out obligations in the field of employment meeting Schedule 1, Part 1 of the Data Protection Act 2018 as below:
    • (1) Employment, social security and social protection
  • UK GDPR Article 9(2)(h) – processing is necessary for the provision of health and social care services meeting Schedule 1, Part 1 of the Data Protection Act 2018 as below:
    • (2) Health or social care purposes

When processing criminal conviction data, the Council will rely on the following lawful bases:

  • UK GDPR Article 10 as supplemented by DPA 2018 section 10(5) & Schedule 1, Part 2, Paragraph 1(1) – processing is necessary for the purposes of employment, social security or social protection. 

The legislations, policies and guidance that relate to this service includes, but is not limited to:

  • Employment Rights Act 1996
  • Equality Act 2010

Your Rights

You have a number of rights that you may exercise in relation to your personal data. Some of the rights do not apply automatically and may not be available in certain circumstances where a lawful exception applies. 

  • You have a right to access your personal data. You can request a copy of personal data that we hold about you and ask us to explain how we use your data. 
  • You have a right to object to processing of your personal data. You have an absolute right to stop your data being used for direct marketing. In other cases where the right to object applies, we may be able to continue using your data if we have a compelling reason for doing so. 
  • If we are relying on consent as the lawful basis to process your data you can withdraw your consent at any time, and we will stop further processing. 
  • You have a right to request the restriction or suppression of your personal data. 
  • You have a right to have your personal data erased, if we no longer have a legitimate use for it. This right is sometimes called the ‘right to be forgotten’. 
  • You have a right to rectification of your personal data if the information we hold in relation to you is inaccurate or incomplete. 
  • You have a right not to be subject to any decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. You can request human intervention or challenge any solely automated decision-making that significantly affects you. 

If you would like to request access to your personal data or exercise any of your other data protection rights, please contact the Information Governance Team:

Information Governance 

Redcar and Cleveland Borough Council

Redcar and Cleveland House

Kirkleatham Street

Redcar

TS10 1RT 

Email: InformationGovernance@redcar-cleveland.gov.uk 

Telephone: 01642 774 774 

You can seek advice and have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. You can contact them through the ICO website www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF 

For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice