The information provided within the employment check system will be administered and processed by the Registered and Umbrella Body, Powys County Council.

 Powys County Council EmploymentCheck Privacy Notice

Who are we?

Powys County Council (PCC) DBS Unit undertake DBS checks for and on behalf of a number of Local Authorities and Public and Private Sector Organisations.  By using the Employment Check system, Powys County Council and your organisation are regulated under the General Data Protection Regulation to ensure that your personal information is secure, safe and only used for the intended purpose for which it has been provided.     

The system

Employment Check is an online system for Disclosure and Barring Service (DBS) and Basic disclosures, provided by Kent County Council.  Kent County Council collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws. Kent County Council’s Data Protection Officer is Benjamin Watts.

About the information we collect and hold

The table set out below summarises the information we collect and hold for this service, how and why we do so, how we use it and with whom it may be shared.

We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.

Information we collect

How we collect the information

Why we collect the information

How we use and share the information

Your identity data including title, name(s), date of birth, NI number, nationality, address history and place of birth

From you

To comply with our legal obligations

To perform the employment contract

Legitimate interest: to verify your identity

 

To comply with DBS / Basic application requirements in order to submit your application to the DBS.

To enable validation of your identity as part of your application

To complete barred list checks where required

Information shared with the DBS, the Police and other regulatory authorities as required

Information shared with Experian for external ID validation if required (where you are unable to provide sufficient evidence to meet DBS requirements)

Your contact details including email address, telephone number(s) and postal address

From you

To perform the employment contract

Legitimate interests: to progress your application and keep you informed of progress and outcomes

To enable us to keep you informed of the progress of your application and outcome

Information shared with the DBS, the Police and other regulatory authorities as required

Information shared with Experian for external ID validation if required (where you are unable to provide sufficient evidence to meet DBS requirements)

ID verifier / manager name and email address

From the individual requesting the disclosure

To perform the employment contract

Legitimate interests: to progress your application and inform nominated individuals of disclosure outcomes

To enable us to keep ID verifiers / managers informed of the progress of an application and outcome

Your declaration of whether you have any convictions, cautions, reprimands or warnings

From you

To comply with our legal obligations

To perform the employment contract

Legitimate interests: For reasons of substantial public interest (protecting the public against dishonesty, safeguarding children and individuals at risk)

Your consent

To comply with DBS application requirements in order to submit your application to the DBS.

Information shared with the DBS, the Police and other regulatory authorities as required

For further information see below*

Information from your ID documents

From you and the ID verifier who has checked your ID documents

To perform the employment contract

To comply with our legal obligations

Legitimate interest: to verify your identity

 

 

To comply with DBS application requirements in order to submit your application to the DBS

To enable validation of your identity as part of your application

Information shared with the DBS, the Police and other regulatory authorities as required

Information shared with Experian for external ID validation if required (where you are unable to provide sufficient evidence to meet DBS requirements)

The outcome of your external ID validation check (pass/fail). * Only applicable to those applications verified via Route 2

From Experian

To perform the employment contract

To comply with our legal obligations

Legitimate interest: to verify your identity

 

To comply with DBS application requirements in order to submit your application to the DBS

To enable validation of your identity as part of your application 

Information shared with the DBS

Your disclosure certificate information

From the DBS

To perform the employment contract

To comply with our legal obligations

Legitimate interest: to verify the criminal records information provided by you

Legitimate interest: to confirm PCC as a registered body has undertaken a check on the applicant and complete re-checks in line with PCC/Organisation policy (Disclosure Certificate number and Disclosure Certificate issue date only)

For reasons of substantial public interest (protecting the public against dishonesty, safeguarding children and individuals at risk)

Your consent

To make an informed recruitment / retention decision

To carry out statutory checks

Information shared with DBS, the Police and other regulatory authorities as required

Information shared with the nominated manager, KCC HR and other KCC departments e.g. Safeguarding as required in order to make an informed recruitment / retention decision

Certificate number and date of issue information may be shared with other organisations for the purpose of validating that KCC as a registered body has undertaken a check on you

For further information see below*

* We will comply with the additional conditions set out in the Data Protection Act 2018 which relate to criminal convictions and other special categories of personal data (sensitive personal information). Further details on how we handle sensitive personal information (and information relating to criminal convictions and offences) are set out in our Data Protection Policy and DBS Procedure (Criminal Records Policy).

We may less frequently use your criminal information for legal claims, where required to do so by a Court or where you have made the information public.

As there is a statutory and contractual basis for collecting your personal data if you do not provide the following we may be unable to progress your DBS / Basic disclosure application which may affect your ability to commence/continue in a job role or voluntary position.

  • Personal Data: Title, Name(s), Date of Birth, Address History, NI Number, Contact Details, Nationality, Gender, Town & Country of Birth, ID documents to verify your identity

 

  • Personal Sensitive Data: If any Convictions, Cautions, Reprimands or Warnings

 

How long your personal data will be kept

We will hold your personal information for a period of up to 6 months following receipt of your disclosure and a recruitment (or other relevant) decision has been made and the application archived.

In very exceptional circumstances where it is considered necessary to keep Disclosure information for longer than six months, we will consult the DBS about this and give full consideration to the Data Protection and Human Rights of the individual subject before doing so.

 

The following information is retained for the purposes of disclosure renewals and portability requests where we are required to confirm that PCC as the registered body has completed a disclosure check:

  • Application ID
  • Username
  • Forename
  • Surname
  • ID Verifier Username
  • DBS Vulnerable Adults checked
  • DBS Children’s Barred List checked
  • Position working with children or adults at the applicant’s home address
  • Volunteer
  • Workforce
  • Type of check required
  • DBS Application Reference
  • Disclosure number
  • Disclosure issue date
  • Separate barred list check required?
  • Recruitment decision
  • Certificate of Good Conduct required?
  • Certificate of Good Conduct received?
  • Position for which certificate was requested

Upon expiry any personal data will be securely destroyed.

Who we share your personal information with

We will share personal information with law enforcement or other authorities if required by applicable law.

We will share your personal information with our professional advisers if required for the purposes of establishing, exercising or defending legal proceedings.

We engage the following third party providers, with whom data may be shared (as required) to enable the delivery of this service:

Access to data is only granted where authorised by PCC or KCC and specifically required in line with our contract with them. System data is hosted within the UK by an ISO 27001 accredited supplier and supplier information security standards meet DBS requirements.

Where an external ID check is required in order to meet the DBS’s ID verification requirements we will share your personal data with Experian in order to undertake this check. When a search is made please be advised that:

      1.            Experian may check the details you supply, against any particulars on any database (public or otherwise) to which Experian has access in order to carry out the relevant verification service,

      2.            A specific (non-credit) footprint is left by Experian, and

 

      3.            A record of the decision made is available for us (Experian’s Client) to retrieve for auditory purposes.

For further information please see Experian’s Information Notice

Your Rights

Under the GDPR you have a number of rights which you can access free of charge which allow you to:

·         Know what we are doing with your information and why we are doing it

·         Ask to see what information we hold about you

·         Ask us to correct any mistakes in the information we hold about you

·         Object to direct marketing

·         Make a complaint to the Information Commissioners Office

 

Depending on our reason for using your information you may also be entitled to:

·         Ask us to delete information we hold about you

·         Have your information transferred electronically to yourself or to another organisation

·         Object to decisions being made that significantly affect you

·         Object to how we are using your information

·         Stop us using your information in certain ways

 

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note: your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise a right, please contact the Professional Lead – Data Protection at helen.dolman@powys.gov.uk

Consent  - Withdrawal

In some circumstances where you have provided your consent for the processing of your criminal records information you have the right to withdraw your consent at any time by notifying us in writing via email to dbs@powys.gov.uk.  On receipt of notification that you have withdrawn your consent we will no longer process your information for that purpose, unless we have another legitimate basis for doing so in law.

Keeping your personal information secure

We and our service providers (Kent County Council) have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Who to Contact

Please contact the Professional Lead – Data Protection at helen.dolman@powys.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone 03031 231113.

For further information visit https://customer.powys.gov.uk/DBS or https://www.kent.gov.uk/about-the-council/about-the-website/privacy-statement

EXPERIAN DATA SERVICES END USER TERMS

When establishing the true identity of an applicant an external ID verification check may be used as an alternative to Route 1/1a. This will require us to provide an applicant’s details (as presented on the application form) to our chosen supplier Experian, who will compare the data obtained from the applicant against a range of independent, external data sources.

Please take a moment to read the Experian Terms and Conditions with regards to the core terms concerning the nature and use of the services, confidentiality, data protection, compliance and audit.

https://www.experian.co.uk/legal-information/terms-and-conditions.html