Privacy Notice for Job Applicants
1. General Information
1.1 [The Company] is committed to protecting the privacy and security of your personal information.
1.2 Under data protection law, we are a “data controller”. This means that we hold personal information about, individuals including you as a job applicant and are responsible for deciding how we store and use that personal information.
1.3 As a data controller, we are legally required to provide certain information to individuals whose personal information we collect, obtain, store and use. That information is contained in this document (our “privacy notice”).
1.4 It is important that you read this document (together with any other privacy notices we may provide to you on specific occasions), so that you are aware of how and why we are using your personal information and the rights you have in relation to your personal information.
1.5 This privacy notice applies to all job applicants.
1.6 We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
2. What Personal Information do we hold about you?
2.1 As part of the recruitment and selection process we will obtain certain personal information from you. Some information will be provided in the job application form and further information may be provided by you and recorded by us during any interview process.
2.2 Data protection law protects personal information which is essentially any information from which an individual can be identified. There is a type of personal information which receives additional protection because of its sensitive or private nature, this is sometimes referred to as ‘special category personal information’ and means personal information about an individual’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (or non-membership), genetics information, biometric information (where used to identify an individual) and information concerning an individual’s health, sex life or sexual orientation.
2.3 This information is collected either directly from candidates or sometimes from an employment agency. We may sometimes collect additional information from third parties including your referees, your education provider, the Home Office and the Disclosure and Barring Service.
2.4 This information will include:
- Your name, address and contact details
- Your gender
- Your education and qualifications
- Your academic and professional qualifications
- Your skills, experience and membership of professional bodies
- Your National Insurance number
- Evidence of your ability to work in the UK, your nationality and immigration status
- Information provided from your previous employer(s) and other referees
- Other personal information you might provide on your application form or monitoring form and/or during any interview and selection process
- Your driving licence
3. What will we use your personal information for and what are
our legal bases for doing so?
3.1 We use the personal information we hold about you for a number of different purposes, which we list below. Under data protection law we need to have a valid legal basis for using your personal information, we also set out below the legal bases which we will be relying upon.
3.2 We use the information we hold for the purposes of recruitment and selection.
3.3 Our legal basis for processing evidence of your nationality, immigration status, ability to work in the UK, your NI number and your driving licence is to comply with our legal obligations. Otherwise, our legal basis for processing your information we hold for recruitment and selection purposes is because the processing is in our legitimate interests.
3.4 Our specific legitimate interests are:
- To progress your application, arrange interviews and inform you of outcomes
- To make an informed decision to shortlist for interview and (if relevant) recruit
- To provide and demonstrate a fair and reasonable recruitment process;
- To employ the best candidates for the roles we have available;
- To comply with and demonstrate compliance with our legal obligations as an employer and any other applicable laws; and/or
- [To comply with and demonstrate compliance with our policies and procedures relating to job applicants]
4. What Special Category Personal Information do we hold about you?
4.1 We will need to keep certain special category personal information in relation to you which might be relevant to your employment, such as your:
- racial or ethnic origins
- political opinions
- religious or philosophical beliefs
- membership of a trade union
- physical or mental health (including details of any disability)
- sexual orientation
- details of any known disability
- commission or alleged commission of any offence, including the results of Disclosure and Barring Service (‘DBS’) checks
5. What will we use your special category personal information for and what are our legal bases for doing so?
5.1 We use the special category personal information we hold about you for a number of different purposes, which we list below. Data protection law prohibits us from processing any special category personal information unless we can satisfy at least one of the conditions laid down by data protection law. We also set out below the specific conditions we rely upon when processing special category data.
5.2 We use the special category personal information we hold about you for the following reasons:
- to monitor equality and diversity.
In this case the condition we rely upon for processing the information is to monitor equality and diversity which is necessary for reasons of substantial public interest, namely for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people specified in relation to that category with a view to enabling such equality to be promoted or maintained.
5.3 We also use the special category personal information we hold about you for the following purposes:
- to comply with and demonstrate compliance with employment law and best practice and any other applicable laws
- to assess your fitness for work
- to make any reasonable adjustments to your role
In these cases, the conditions we rely upon for processing the information are because it is necessary for the purposes of carrying out the obligations and exercising specific rights in the field of employment law.
5.4 In cases where a claim has been brought against the organisation or there is a potential risk of a legal dispute or claim we may need to process your special category personal information where it is necessary for the establishment, exercise or defence of legal claims.
5.5 There may be circumstances where we need to process your special category personal information, particularly relating to your health, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent.
5.6 We envisage that we will hold information about criminal convictions.
5.7 We will only collect information about criminal convictions as part of the recruitment process if it is appropriate given the nature of the role and where we are legally able to do so.
5.8 We will only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary for reasons of substantial public interest, namely, preventing or detecting unlawful acts, protecting the public against dishonesty, preventing fraud or suspicion of terrorism or money laundering.
5.9 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 your consent, or where you have already made the information public.
6. Further general information about using your personal information
6.1 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.
6.2 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6.3 Some of the personal data we request will be because we have a legal or contractual requirement to obtain and use the information or it is necessary for us to obtain the information to be able to enter into a contract with you. An example of this would be under the Immigration, Asylum and Nationality Act 2006 we are required to satisfy ourselves that you have the right to work in the UK. Failure to provide certain information will prevent us from employing or engaging you or from performing the contract we have entered into with you.
6.4 We do not carry out any automated decision-making or profiling in relation to you. This would include automated processing of personal data to evaluate personal aspects, in particular to analyse or predict aspects concerning performance at work, economic situation, health, personal preferences, behaviour or location/movements.
7. Who do we share your information with?
7.1 Your personal data will be held by our nominated HR representative. Your personal data will be shared internally with other individuals and/or departments where this is reasonably necessary for the processing purposes set out in section 2 above. For example, HR will need to share your personal data with the department whose vacancy you have applied for.
7.2 From time to time we will need to share your information with external people and organisations. We will only do so where we have a legitimate or legal basis for doing so and in compliance with our obligations under data protection laws.
7.3 Your information may be disclosed to the referees you have provided on your application form in order to obtain references and/or with education, professional and vocational establishments to verify information you have provided on your application form or during any interview process.
7.4 We may also need to share your personal information where we are legally obliged to do so, and/or with the Police, local authorities, the courts and any other government department, such as the Home Office and the DBS (but only if us doing so is lawful) and/or with our professional advisors when they need it to give us their professional advice.
8. International Transfer of Your Information
8.1 We do not transfer any of your personal data outside the European Economic Area.
9. How Long Do We Keep Your Information For?
9.1 To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we actually need it for the purposes we acquired it in the first place.
9.2 In most cases, this means that information gathered as part of the recruitment exercise will usually be retained for 6 months after the recruitment exercise has been completed. In the case of a successful applicant, information which is relevant to the on-going employment relationship will be transferred to the employee’s employment record and retained in accordance with the periods applicable for employees.
9.3 Please refer to our Data Retention Policy [location i.e how can they get hold of the policy if they want to] for further details.
10. Individuals’ rights
10.1 Data protection legislation provides individuals with a number of different rights in relation to their data. These are listed below and apply in certain circumstances:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that 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. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- 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, for example if you want us to establish its accuracy or the reason for processing it.
- Request data portability of your personal information. In certain circumstances, you may have the right to require that we provide you with an electronic copy of your personal information either for your own use or so that you can share it with another organisation. Where this right applies, you can ask us, where feasible, to transmit your personal data directly to the other party.
10.2 If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact please contact [insert name of data protection officer].
No fee usually required
10.3 You will not have to pay a fee to access your personal information (or to exercise any of the other rights). 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
10.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
11. Ability to withdraw consent
11.1 Where your personal data is processed on the basis of your consent or explicit consent, you have the right to withdraw your consent to the processing at any time. You can do this by emailing emailing [insert name of data protection officer]. Any withdrawal of consent will not affect the lawfulness of any processing of your personal data based on consent before the withdrawal is notified.
12.1 If any of your personal details change during the recruitment process you should contact [name OR a member of the HR team] to notify them and provide them with the updated accurate information.
13.1 We review the ways we use your information regularly. In doing so, we may change what kind of information we collect, how we store it, who we share it with and how we act on it.
13.2 Consequently, we will need to change this privacy notice from time to time to keep it accurate and up-to-date.
13.3 We will keep this notice under regular review to ensure it is accurate and kept up to date.
14. About Us
14.1 Our full name is [company name]. We are the data controller of the information you provide us with. The term “data controller” is a legal phrase used to describe the person or entity that controls the way information is used and processed.
15. Where to Go if You Want More Information About Your Rights or to make a Complaint
15.1 The Information Commissioner’s Office (ICO) regulates data protection and privacy matters in the UK. They make a lot of information accessible on their website and they ensure that the registered details of all data controllers such as ourselves are available publicly. You can access them here http://www.ico.gov.uk/for_the_public.aspx.
15.2 You can make a complaint to the ICO at any time about the way we use your information. However, we hope that you would consider raising any issue or complaint you have with us first. We will always do our very best to solve any problems you may have.
16. Contact us