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Data Protection News

Posted on Wednesday 18th Oct 2017


As an employer, we need to process your personal data. “Process” means the retrieval, management, transmission, destruction and retention of employee personal data.

“Personal data”, under legalisation which will come into force in May 2018, (General Data Protection Regulation (commonly called the GDPR)) will include information relating to any living person, who can be identified directly or indirectly by such information (e.g. name, ID number, location data, an online identifier, one or more factors specific to the physical, physiological, genetic, mental, economic or social identity of that person). Under the GDPR, sensitive personal data (which has a higher threshold of protection) will include genetic data, biometric data and data concerning sexual orientation in addition to the previous categories such as race/ethnic origin, trade union membership, health and criminal records.  We have decided as an organisation to adopt those definitions now.

The kind of personal data that the Company may process includes:

  • Data contained in application forms including data relating to next of kin, children
  • Data contained in references obtained during recruitment
  • Details of terms of employment
  • Payroll details
  • Tax and National Insurance information
  • Contact names and addresses
  • Other information that you have given the Company.

The kind of sensitive data the Company may process includes 

  • Details of health and sickness absence records
  • Any relevant criminal convictions which relate to your work including any previous convictions before they become spent. 
  • Fingerprint recognition for clocking/signing in/out purposes
  • Other genetic identifiers
  • Sexual orientation. For example we may hold data which allows you to be identified as a heterosexual person in partnership with or married to, in the case of a man,   a woman or, in the case of a woman, in partnership   with or married to a man.

Data is stored securely in paper form within employee files or in password protected computer files.

We regard the processing of your personal data to be necessary for the performance of the contract or for the purposes of our legitimate interests. For example, in order to make payment of wages to you, we need your bank details

However, the processing of some data requires the explicit, freely given consent of the employee. For example, it is very useful for us to have details of your next of kin should you meet with an accident but we would require your consent to hold that data. We have therefore devised a consent form which you are invited to sign. There is no obligation upon you to give your consent: you do not have to sign.

If at any time you wish to withdraw your consent you can do so by informing XXXXXX

We may share some of that data with organisations which carry out work on our behalf such as our HR advisers Acton Jennings LLP or our H&S advisers Acton Jennings LLP  or external training bodies or payroll providers  but only insofar as it is necessary for them to carry out that work.  For example, we may need to supply the name of a person who has met with an accident for RIDDOR reporting purposes.

Data will only be retained for as long as is necessary unless there are specific statutory requirements relating to retention.

You have various rights under GDPR in addition to those described above.

To request that your personal data be provided to you (or a third party) in a machine readable portable format free of charge.

To request the removal or erasure of personal data, for example if it is no longer necessary

To request information about the personal data processed by us

 We will respond to requests without undue delay and in any case within the timescales set down in GDPR.

The obligations placed upon us also apply to third parties with which we share the data and we shall ensure they are made aware of any outcomes to requests. 

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