Who is collecting and using your personal data?
Devon County Council will act as a ‘data controller’ for any personal data that you provide to us. As such, we will ensure that the data you give us is processed in line with our organisation’s data protection policies and in line with your rights under the Data Protection Act 2018 and the EU General Data Protection Regulations.
This notice applies to individuals registered for casual work with Temp Solutions and to individuals applying for work through the Proud to Care website.
This notice does not form part of any contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical. It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.
Please note that failure to provide your personal data, and keep it up to date, may make it difficult for us to offer you appropriate casual work and may hinder the Council’s ability to administer the rights arising as a result of undertaking casual work.
What information does the Council collect?
The Council will collect and process a range of information about you. This includes:
- your personal details including your name and contact details
- your previous work experience
- details of your education
- details of referees
- answers to questions relevant to the type role you may be interested in
- whether you have a disability so that your application can be assessed under the ‘disability confident’ scheme and reasonable adjustments can be considered to find you casual work.
You will also be asked to provide equal opportunities monitoring information. This is not mandatory information so if you don’t provide it, it will not affect your application. This information will not be made available to any staff outside of Human Resources in a way which can identify you. Any information you do provide will be used only to produce and monitor diversity statistics.
We might ask you to participate in a selection process to assess your suitability for inclusion on the Temp Solutions register and also for specific casual work. This may include assessment days, completion of tests or occupational personality profile questionnaires, and/or to attend an interview or a combination of these. Information will be generated by you and by us. For example, you might complete a written test or we might take interview notes.
You will be asked to prove your identity and eligibility to work in the UK. You will also be asked to provide a criminal records declaration of unspent if you are successful in gaining a placement with Devon County Council that requires a DBS check.
If you are successful in your initial interview with Temp Solutions or with one of our care providers through the Proud to Care initiative, you must successfully complete initial background checks. We are required to confirm the identity of our casual workers, their right to work in the UK and their suitability for inclusion on the Temp Solutions register and for subsequent casual work offered. If we find a placement for you that involves working with children or vulnerable people we will also need to comply with safeguarding regulations.
You will therefore be required to provide:
- proof of your eligibility to work in the UK – you will be asked to provide the original document(s) so that it can be verified and copied to place on your casual worker file
- proof of your qualifications and professional registrations (where applicable to the placement) – you will be asked to provide the original document(s) so that it can be verified and copied to place on your casual worker file.
Where applicable we will contact you to complete an application for a Basic Criminal Record check via the Disclosure and Barring Service to arrange a secure government email account. You will be asked to provide appropriate ID to confirm your identify. You will be asked to provide the original document(s) so that it can be verified and copied to place on your casual worker file.
Where the role involves dealing with children or vulnerable adults we will contact you to complete an application for an Enhanced or Standard Criminal Record check via the Disclosure and Barring Service. You will be asked to provide appropriate ID to confirm your identify.
Disqualification from Caring for Children Regulations 2002 – you will be asked to provide the information required to conform with these regulations if the placement you have been offered is in fostering, adoption or the Atkinson Unit.
You will be asked to provide your driving licence if relevant to the placement so it can be verified, copied and placed on your temporary worker file. You will also be asked for your vehicle details.
We will contact your referees, using the details you provide in your registration, directly to obtain references. We may request details of additional referees should those provided not cover the last five years, generate a minimum of two references or cover your employment history.
We will ask you to complete a questionnaire about your health. This is to establish your fitness to work and help us provide reasonable adjustments if applicable. This is done through a third party data processor.
Any other information to assist us in carrying out background checks to ensure your suitability for casual work.
If you are successful in your background checks and gain a placement you will be asked to provide:
- your bank details – to process payment for work carried out
- your P45 or P46 details – to ensure your tax code is correct
- your student loan information (where applicable) – to ensure this is processed correctly
- some emergency contact details – so we know who to contact in case you have an emergency at work.
During the course of a placement we may also collect personal information about you from the organisation you are placed with. This may include forms authorised by your placement line manager providing feedback on your placement.
During the course of a placement we may collect details of any publicly available online information, including social media if required as part of an investigation.
Why does the Council process personal data?
We need to process data to enter into a casual agreement with you and to meet our obligations under that casual agreement. For example to pay you in accordance with that agreement and to administer any benefits.
The Council needs to process data for the following purposes:
- To comply with its legal obligations and meet statutory employment legislation and regulatory obligations.
- To enable us to assess your suitability for placement with one of our care providers under the Proud to Care scheme
- In the public interest.
- In the vital interests of an individual, for example, in the event that someone is seriously injured at work and information needs to be disclosed to the emergency services.
- The Council has a legitimate interest in processing personal data before, during and after the end of the casual worker relationship.
- To contact you regarding your application to join the Temp Solutions register.
- To manage your application to join the Temp Solutions register effectively.
- To assess your suitability to join the Temp Solutions register.
- To provide skilled and reliable workers who are available to work at short notice covering positions of varying lengths of time both inside and outside of Devon County Council.
- To communicate with you about vacant placements that you may be interested in applying for whilst on the Temp Solutions register.
- To set up your payroll record so that you can be paid correctly for any casual work you may undertake through Temp Solutions.
- To meet Safer Recruitment standards.
- To carry out background checks.
- Respond and defend against any legal claims.
Who will we share your personal data with?
It may be necessary for us to share your personal data with other organisations/partners.
The Council may share your data with third parties in order to:
- safeguard vulnerable adults and/or children (including the police, the NHS, Ofsted, the Care Quality Commission and the Multi-Agency Safeguarding Hub, the Health and Care Professions Council and the Disclosure and Barring Service)
- obtain background checks from third party providers including references and obtain necessary criminal records checks from the Disclosure and Barring Service
- process data on its behalf in connection with the provision of occupational health services and employee benefits
- comply with its legal obligations (such as HMRC)
- administer placements with other not for profit organisations or with care providers that we feel you are suitable to be placed with under the Proud to Care scheme
- provide references for future placements or employment you may apply for.
The Council may also share your data in the context of a sale or transfer of some or all of its business.
All our third-party service providers and other partners are required to take appropriate security measures to protect your personal information in line with our policies and only for the purposes agreed with them.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We will not share any of the information you provide during the recruitment process with countries outside of the territorial scope of UK data protection laws. The information you provide will be held securely by us whether the information is in electronic or physical format and will only be shared with those that need to access this information to help support your application for a role.
If you are offered an employment contract with Devon County Council whilst on the Temp Solutions register we may share information from your pre-employment checks and placement records with other members of the HR One team and the appointing officer to form part of your personnel contract file and to assess continuity of local government service.
How long will we hold your personal data?
We will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.
No automated decisions are made using the personal data you provide under the matters covered by this privacy notice, other than those made in relation to Employee Benefits, administered by external providers.
Exercising your rights
Under the Data Protection Act 2018 and the EU General Data Protection Regulations you have the following rights:
- The right of access to your own personal data.
- The right to request rectification or deletion of your personal data.
- The right to object to the processing of your personal data.
- The right to request a copy of the information you provide us in machine-readable format.
- The right to withdraw your consent to any processing that is solely reliant upon your consent.
Should you wish to exercise any of your rights, you should contact the Data Protection Officer.
Your right to complain
If you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with the Council’s customer feedback procedure. If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:
Information Commissioner’s Office