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 personal data that we collect and generate as part of the operation of our disciplinary procedure process.
When behaviours or performance fall or are alleged to fall below the expected standards, as part of your contract of employment, we will begin an investigation process under our disciplinary or capability procedures. This means that personal and identifiable records could be created about you and actions you have taken whilst employed by us.
Our legal basis
When behaviours or performance fall below the expected standards, as part of your contract of employment, we will begin an investigation process under the disciplinary procedure. If we have a suspicion of misconduct or illegality, the investigation process will constitute a ‘legitimate interest’ basis for processing your data. This means that personal and identifiable records could be created about you and actions you have taken whilst employed by us.
Type of data collected
Type of data collated will vary from case to case but may include:
- Attendance and pay and appraisal data (where held by the authority)
- Email and other electronic documents and records
- Written documentation
- Photographic, video and sound recordings
- Decision logs
- Feedback including allegations from the public and other agencies
- Statements from you as an employee and from other employees and from third parties
- Information relating to alleged or actual criminal offences that have been committed.
- Information concerning your health or that of third parties
- Legal or other professional advice from our third-party suppliers.
Type of data which may be created may include:
- An investigation file
- Reports about you and your actions
- References and statements from other employees and from third parties about you
- Legal or other professional advice or reports
- Medical advice or reports
- Records of the outcome of the process, any remedial actions to be taken and any sanctions placed on you or other employees, such as warnings, hearing outcomes or dismissal notifications.
Where is the data stored?
Data related to concluded disciplinary investigations which result in a disciplinary sanction are retained in the authority’s document management system which is located on our premises. Access is limited to a small number of staff in Human Resources that are responsible for code of conduct investigations.
Data is not retained in relation to disciplinary investigations which are found to be unproven or no action taken. Although we may preserve sufficient data for the sole purpose of showing that a fair procedure was followed.
How long will we hold your data for?
Data related to investigations which are found to be unproven or no action taken are destroyed immediately after the case is closed.
Data relating to disciplinary investigations which are found to be proven are stored in full for the period in which the disciplinary sanction remains live. Once the disciplinary sanction ceases to be live we store a record of the nature of disciplinary offence, the sanction given and copies of the transcript of the disciplinary hearing and any appeal for the period of six years. We may extend this period only where it is legally appropriate for us to do so.
Data relating to all grievances are stored for a period of 6 years from the date of the conclusion of the grievance and any appeal. After this period we will store data relating to the nature of the grievance, its outcome and copies of the transcript of the grievance hearing and any appeal for the period of six years from the termination of your employment with us. We may extend this period only where it is legally appropriate for us to do so.
What are my rights?
You have the right of access to any data we hold which identifies you. You can ask to see it by making a subject access request.
We do not charge for making a subject access request.
Sharing data with Kent Police and other enforcing agencies is a legal duty placed upon us, and you cannot remove your consent to us doing so.
If you want to amend any data we hold about you, or query why we hold it, please email email@example.com or use the details on our contact us page.