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Privacy notice 012 - employees

This notice is one of a set which explain what data we collect, store and process to provide our services to customers. It also sets out the legal basis we are using for collecting the data stated.

It should be read alongside our overall privacy notice and the breach process, which sets out what we will do should any data we collect be lost or misused.

What data does this notice cover?

This notice covers the personal and sensitive data we will collect when you obtain a role with the authority as an employee or volunteer, and further data we will collect during the course of your employment with us. It also covers ex-employees in receipt of an occupational pension scheme as a result of their employment with the authority.

Our legal bases

When you obtain a post with the authority, including as a volunteer, there are a number of legal processes under Section 5A of the Fire & Rescue Services Act 2004 and Section 1 of the Employment Rights Act 1996 (Statement of Particulars), The Police Act 1997, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Working Time Directive [ref] we need to follow to enable us to enter a contract with you. This means you need to share with us some personal and identifiable information with us. 

Under the Finance Act 2016, we are a relevant authority and able to access funding to support the employment of apprentices. To enter into a contract with us as an apprentice, we must pass personal and identifiable data about you to the government’s selected apprenticeship scheme administrator. 

As a public body we have a legal duty to ensure that all members of our payroll are appropriately taxed, in accordance with the relevant rules issued by Her Majesty’s Revenues and Customs. As part of your contract of employment you must provide your bank details.

With your consent, we will collect and process personal and sensitive details as defined in the Equality Act 2010, for the purpose of monitoring the composition of our workforce in comparison to the population we serve. 

In our legitimate interest of ensuring your wellbeing, we will collect at the time of appointment details your preferred emergency contact details. We will also ask you to complete a health questionnaire ahead of commencing employment with us, and this may lead to you undertaking a medical at our request. 

Type of data collected

We hold the following personal information:

  • Name, gender, date of birth, contact details, emergency contacts, and other personal and sensitive details
  • Probation reports
  • Statements of qualifications gained outside the authority or from previous employment
  • References from current employers and personal referees
  • Bank details and national insurance number 
  • Personal details relevant to the issue of uniform and personal protective equipment (as required by the role)
  • Notifications of decision to opt out of the Working Time Directive
  • Marital status
  • Driving licence check 
  • Employment records (job titles, work history, your working time for the authority, training/competency records, professional memberships)
  • Salary records
  • P11D records
  • Proof of right to work in the UK
  • Time spent on union duties
  • Data related to taxable benefits
  • Expenses claims and mileage claims
  • Authorisations to amend pay
  • Health and safety incidents /accidents 
  • Attendance record and reasons for absence from work
  • Other/ secondary employment records 
  • Correspondence and reports relating to HR processes e.g. grievance, capability, discipline, whistleblowing 
  • Information contained on emails and stored on the authority’s devices 

Some types of data is known as ‘special category’ data, the authority stores and uses the following types of this kind of data: 

  • Information about medical and health conditions, including your fitness assessments for the role you applied for (where applicable) or whether or not you have a disability for which we might need to make reasonable adjustments.  
  • Information about your sex, sexual orientation, religion, race or ethnicity 
  • Security vetting checks (where required)
  • Disclosure Records Bureau checks

Who might we share your data with?

We will share your personal data with third parties where required by law, where it is necessary for us to fulfil our contractual or legal obligations to you as your employer or to exercise our legal rights. We will only share your personal data to the extent needed for these purposes. 

Data related to employees who are new or have changed roles is stored in the authority’s document management system and will be shared as appropriate with relevant departments within the authority. 

Data related to apprentices is shared with our suppliers as part of our contract to support apprentices in the workplace. 

Data related to the issue of personal protective equipment and uniform is shared with the authority’s suppliers to enable their issue to individuals. 

Where we engage third parties to process personal data on our behalf, such as Disclosure Records Bureau Checks, or security vetting checks via Kent Police, they do so on the basis of written instructions and are under the duty of confidentiality and are obliged to implement measures to ensure security of your data. 

Data related to the composition of the workforce is shared at an aggregated level with the government. 

As part of your contract of employment you must provide your bank details. This information is passed to the Authority’s payroll provider to enable us to pay salaries and pension administrators to enable us to process your pension. 

We will pass taxation and payments records to HMRC and the National Fraud Agency as per their requirements applicable at the time. This may include requests by them to contribute to fraud investigations involving data from one or all employees. 

We will also share your personal data with our occupational health (OH) provider, we will ask for your consent before this processing. Your confidential medical information will be retained by our OH service and we will retain on your record the minimum health information that is necessary to administer the working relationship with you. 

In order to meet our legal duty of transparency under the Local Government Transparency Code 2015 and Trade Union (Facility Time Publication Requirements) Regulations 2017, we will record in the authority’s time and attendance system hours spent by staff on approved union duties.

Where is the data stored?

Data related to bank details and payments made to employees is stored securely in the authority’s finance system [hosted within our network] and in the payroll system [cloud based]. Data related to the composition of the workforce is stored in the payroll system [cloud based]. As part of our contract with our payroll provider we have assured ourselves of their data security arrangements.  

Data related to uniform and personal protective equipment is stored securely in the authority’s finance system [hosted within our network]. As part of our contracts with our suppliers we have assured ourselves of their data security arrangements.  

Data related to time and attendance is stored securely in the authority’s time recording system, and our finance system [both hosted within our network] and in the payroll system [cloud based]. As part of our contract with our payroll provider we have assured ourselves of their data security arrangements.  

How long will we hold your data for?

Bank details are stored until notification of death or exit from the occupational pension scheme attached to the role. 

Uniform fitting details are collected at the start of a new supply contract and from new starters. 

Data related to the composition of the workforce and decisions to opt out of the working time directives maintained for the duration of employment with the Authority and for three years after leaving. You will be asked periodically to update your details. 

Taxation data will be held for seven years and then securely destroyed. Bank details will be held for as long as required, including pension payments. 

What are my rights?

Under the data protection legislation, data subjects have the following rights with regards to their personal information:

  • the right to be informed about the collection and the use of their personal data
  • the right to access personal data and supplementary information held about you
  • the right to have inaccurate personal data rectified, or completed if it is incomplete
  • the right to erasure (to be forgotten) in certain circumstances
  • the right to restrict processing in certain circumstances
  • the right to data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
  • the right to object to processing in certain circumstances
  • rights in relation to automated decision making and profiling
  • the right to withdraw consent at any time (where relevant)
  • the right to complain to the Information Commissioner

 

Visit the GOV.UK website for further information about each of these rights 

In relation to the right of access to any data we hold which identifies you, you may ask to see this by making a subject access request.

If we rely on your consent, you have the right to revoke this consent at any time by contacting us at dataprotection@kent.fire-uk.org or writing to us or calling us. You will then be advised how you can amend the sensitive personal data we hold about you within the payroll system, or permanently delete it. 

You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your employment if you choose not to provide such information. 

The authority’s payroll system allows you to make relevant amendments to your personal details as required [for example if you move, or change banks]. If you do not keep your details up to date, we may not be able to make payments to you, or your payment will be delayed. 

If you want to amend any data we hold about you, or query why we hold it, please email dataprotection@kent.fire-uk.org or use the details on our contact us page.

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