We take the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
This policy applies to current and former employees, workers, volunteers, apprentices and consultants. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. You should read this policy alongside your contract of employment and any other notice we issue to you from time to time in relation to your data.
We will only hold data for as long as necessary and for the purposes for which we collected it. Further information on how long we hold data on our employees is contained below.
Bumbles Daycare Limited is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
This policy explains how we will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of us.
This policy may be amended at any time. It is intended that this policy is fully compliant with GDPR. If any conflict arises between GDPR and this policy, we intend to comply with GDPR.
‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
This policy applies to all personal data whether it is stored electronically, on paper or on other materials.
This personal data might be provided to us by you, or someone else (such as a former employer, your doctor, or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It could be created by your manager or other colleagues.
We may collect and use the following types of personal data about you:
- recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
- your contact details and date of birth;
- the contact details for your emergency contacts;
- your gender;
- your marital status and family details;
- information about your contract of employment including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
- your bank details and information in relation to your tax status including your national insurance number;
- your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
- information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
- information relating to your performance and behaviour at work;
- training records;
- electronic information in relation to your use of IT systems/swipe cards/telephone systems;
- your images (whether captured on CCTV, by photograph or video);
- any other category of personal data which we may notify you of from time to time.
Sensitive personal data
‘Sensitive personal data’ are types of personal data consisting of information as to:
- your racial or ethnic origin;
- your political opinions;
- your religious or philosophical beliefs;
- your trade union membership;
- your genetic or biometric data;
- your health;
- your sex life and sexual orientation; and
- any criminal convictions and offences.
We may hold and use sensitive personal data in accordance with the law.
Data Protection Principles
Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
- be processed fairly, lawfully and transparently;
be collected and processed only for specified, explicit and legitimate purposes;
- be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
- be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
not be kept for longer than is necessary for the purposes for which it
- is processed (see 4.2 below); and
- be processed securely.
We are accountable for these principles and must be able to show that we are compliant.
Employees’ personal data will be retained for no longer than necessary. There are statutory requirements to keep certain employee records for a minimum length of time, as follows:-
[Table to be inserted]
In view of the possibility of a historical query or claim being raised, we will retain your whole personnel file throughout your period of employment and for up to six years after you have left our employment.
‘Processing’ means any operation which is performed on personal data such as:
- collection, recording, organisation, structuring or storage;
- adaption or alteration;
- retrieval, consultation or use;
- disclosure by transmission, dissemination or otherwise making available;
- alignment or combination; and
- restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any automated processing.
How we process your personal data
We will process your personal data (including sensitive personal data) in accordance with our obligations under the law.
We will use your personal data for:
- performing the contract of employment between us;
- complying with any legal obligation; or
- if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing.
We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.
If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may suffer from.
We will take reasonable steps to ensure that any personal data processed is accurate and up to date. To assist us in this, we ask that you inform us of any changes to the personal data you have supplied during the course of your employment.
Examples of when we might process your personal data
We have to process your personal data in various situations during your recruitment, employment and even following termination of your employment, for example:
- to decide whether to employ you;
- to decide how much to pay you, and the other terms of your contract with us;
- to check you have the legal right to work for us;
- to carry out the contract between us including where relevant, its termination;
- training you and reviewing your performance;
- to decide whether to promote you;
- to decide whether and how to manage your performance, absence or conduct;
- to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
- to determine whether we need to make reasonable adjustments to your workplace or role because of your disability;
- to monitor diversity and equal opportunities;
- to monitor and protect the security (including network security) of the organisation, of you, our other staff, clients and others;
- to monitor and protect the health and safety of you, our other staff, clients and third parties;
- to pay you and provide pension and other benefits in accordance with the contract between us;
- paying tax and national insurance;
- to provide a reference upon request from another employer;
- to pay trade union subscriptions;
- monitoring compliance by you, us and others with our policies and our contractual obligations;
- to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us;
- to answer questions from insurers in respect of any insurance policies which relate to you;
- running our business and planning for the future;
- the prevention and detection of fraud or other criminal offences;
- to defend us in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure;
- for any other reason which we may notify you of from time to time.
We will only process sensitive personal data in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we ask for your consent to process sensitive personal data, then we will explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting the Manager.
We do not need your consent to process sensitive personal data when we are processing it for the following purposes:
- where it is necessary for carrying out rights and obligations under employment law;
- where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
- where you have made the data public;
- where processing is necessary for the establishment, exercise or defence of legal claims; and
- where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.
We are legally obliged to process information on criminal convictions as part of our duty to safeguard children with whom we work. We will ensure that any disclosure certificate and the information it reveals is kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties. Once a recruitment (or other relevant) decision has been made, we do not keep certificate information for any longer than is necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. Once the retention period has elapsed, we will ensure that any certificate information is immediately destroyed by secure means, eg by shredding, pulping or burning. While awaiting destruction, certificate information will not be kept in any insecure receptacle (eg waste bin or confidential waste sack). We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, notwithstanding the above, we may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.
Sharing your personal data
We will share your personal data with statutory bodies and government agencies (such as HMRC) as required by law. Examples include information relating to salary, tax, national insurance contributions, pension contributions and right to work in the UK
Sometimes we might share your personal data with our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests. For example, personal data required to process payroll may be provided to our accountants and pension provider.
We require those companies who we share your personal data with to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.
If we receive a request from a third party for your personal data for a reason not related to our contractual, statutory or management obligations (such as from a mortgage provider), we will notify you and will only disclose information to these third parties with your consent.
We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.
How should you process personal data?
Everyone who works for us has some responsibility for ensuring data is collected, stored and handled appropriately.
The Manager is responsible for reviewing this policy, keeping it up to date and managing risk in relation to the processing of data. You should direct any questions in relation to this policy or data protection to the Manager.
You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of us and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.
You should not share personal data informally.
You should keep personal data secure and not share it with unauthorised people.
You should regularly review and update personal data which you have to deal with for work. This includes telling us if your own contact details change.
You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.
You should use strong passwords.
You should lock your computer screens when not at your desk.
You must not save personal data to your own personal computers or other devices
Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation of the Manager.
You should lock drawers and filing cabinets. Do not leave paper with personal data lying about.
You should not take personal data away from our premises without authorisation from the Manager
Personal data should be shredded and disposed of securely when you have finished with it.
You should ask for help from the Manager if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.
Please note that any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you in accordance with our disciplinary procedure. A sanction up to and including dismissal may be imposed, depending upon the seriousness of the breach.
It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.
How to deal with data breaches
A data breach may take many different forms, for example:
- loss or theft of data or equipment on which personal information is stored;
- unauthorised access to or use of personal information either by a member of staff or third party;
- loss of data resulting from an equipment or systems (including hardware and software) failure;
- human error, such as accidental deletion or alteration of data;
- unforeseen circumstances, such as a fire or flood;
- deliberate attacks on IT systems, such as hacking, viruses or phishing scams;
We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.
If you are aware of a data breach you must contact the Manager immediately and keep any evidence you have in relation to the breach.
Subject access requests
Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request you should forward it immediately to the Manager who will coordinate a response.
If you would like to make a SAR in relation to your own personal data you should make this in writing to the Manager. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.
There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.
Your data subject rights
You have the right to information about what personal data we process, how and on what basis as set out in this policy.
You have the right to access your own personal data by way of a subject access request (see above).
You can correct any inaccuracies in your personal data. To do so you should contact the Manager.
You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact the Manager.
While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact the Manager.
You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.
You have the right to object if we process your personal data for the purposes of direct marketing.
You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
With some exceptions, you have the right not to be subjected to automated decision-making.
You have the right to be notified of a data security breach concerning your personal data.
In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact the Manager
You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.
This handbook has been prepared by Mark Mason Employment Law Consultancy for the exclusive use of Bumbles Day Care Limited and is not to be made available for use within any other organisation.