Privacy Notice (How we use staff personal information).
This privacy notice explains how The Sixth Form College, Colchester collects, uses and shares your personal data and your rights in relation to the personal data we hold. This concerns our processing of personal data of past and present staff. It applies to all, permanent, temporary or peripatetic employees of the College. It will also apply to Governors, volunteers and those undertaking work experience at the College
The Sixth Form College, Colchester is the data controller of your personal data and is subject to current data protection legislation.
How we collect your information
We may collect your personal data in a number of ways, for example
- from the information you provide to us when you apply for a job at the College.
- from other bodies as part of our recruitment processes i.e. DBS check
- by completion of the annual personal data collection form.
- in various other ways as you interact with us during your time as an employee of The College, for the various purposes set out below
- from third parties, for example from your previous or current employer, who may provide a reference about you
The type of employee information that we collect:
Whilst the majority of information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain College workforce information to us or if you have a choice in this. We may collect the following types of personal data about you:
- personal information (such as your name, d.o.b, employee or DfE, national insurance number, nationality
- contact information such as address, email address and phone number.
- special categories of data including characteristics information such as gender, age, nationality, ethnic group
- contract information (such as start dates, hours worked, post, roles and salary information)
- work absence/ attendance information (such as the reasons and number of occasions)
- qualifications (and, where relevant, subjects taught)
- information required for the purpose of processing payroll
- information required by statutory bodies in order to fulfil our obligations as an employer i.e. HMRC, DfE, Pension Bodies
- medical information such as relevant medical information etc.
- pre employment checks i.e. safeguarding and ID check information
- Information regarding your employment history (where applicable) including education, training and development information
- CPD and performance management forms including Lesson Observation information.
- data on the use of email and access to the internet.
How we use this information
The purposes for which we may use personal data (including sensitive personal data) we collect during an employee’s association with us are to enable us to:
- make reasoned decisions regarding recruitment and employment at the College
- enable the development of a comprehensive picture of the workforce and how it is deployed
- maintain employee records in an accurate manner
- inform the development of recruitment and retention policies
- enable individuals to be paid
- make decisions regarding pension and other legal payroll deductions
- make relevant returns to Ofsted, DfE as legally required
- manage and develop the workforce appropriately
- make relevant management decisions throughout the duration of employment
- take appropriate action i.e. in dealing with grievances, disciplinary and competency issues.
- To give access to College systems and services, i.e. for library use
The basis on which we process and use your information
We process this information in order to fulfil our contractual obligations and for the performance of our business as a Sixth Form College and under our legal obligation. In this respect we use your personal data for the following:
- to fulfil the employment contract (payroll information)
- HMRC/ Government tax/NI requirements (see www.gov.uk/paye-for-employers)
- Pension Scheme requirements:
We may also process your personal data for our compliance with our legal obligations. In this respect, we may use your personal data for the following:
- to meet our compliance and regulatory obligations, such as compliance with safeguarding requirements;
- in order to assist with investigations (including criminal investigations) carried out by the police and other competent authorities.
We may also process your personal data where:
- it is necessary for medical purposes (e.g. medical diagnosis, provision of health or social care or treatment, or a contract with a health professional);
- it is necessary to protect your or another person’s vital interests; or
- we have your specific or, where necessary, explicit consent to do so.
Storing employee data
We hold College workforce data for the period of employment and for six years after date of termination. Pension data may be held for longer in line with pension regulations.
A retention schedule relating to employee records and all HR processes is available on sharepoint.
Sharing information with others.
For the purposes referred to in this privacy notice and relying on the bases for processing as set out above, we may share your personal data with certain third parties. You are given the opportunity to opt out of some of these data sharing arrangements, for example when you are referred to Occupational Health. Unless an opt-out is in place, we may disclose limited and relevant personal data to a variety of recipients including:
- The Department of Education (DfE)
- Teachers Pension (TPS)
- Local Government Pension (LGPS)
- Cintra payroll
- Essex DBS services
- Essex Schools HR advisory service.
- Future employers (reference requests)
- Regulatory Bodies. i.e. Ofsted
- Government agencies where there is an obligation to report i.e. Safeguarding
- Internal and external Auditors
- Department for Work and Pension (on case by case request)
- Office of National Statistics (Annual survey of hours and earnings)
- Microsoft for cloud data storage and autentication;
- www.go4schools for the purpose of providing you access to reporting systems
Why we share employee information
We do not share information about our employees with anyone without consent unless the law and our policies allow us to do so or in order to carry out legitimate functions.
We share information with HMRC, DfE, TP and LGPS on a statutory basis.
Requesting access to your personal data
Under the DPA you have the following rights:
- to obtain access to, and copies of, the personal data that we hold about you;
- to require that we cease processing your personal data if the processing is causing you damage or distress;
- to require us to correct the personal data we hold about you if it is incorrect;
- to require us to erase your personal data;
- to require us to restrict our data processing activities (and, where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal);
- to receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller;
- to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on your rights.
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.
If you have given your consent and you wish to withdraw it, please contact our Data Protection Officer using the contact details set out below. Please note that where our processing of your personal data relies on your consent and where you then withdraw that consent, we may not be able to provide all or some aspects of our services to you and/or it may affect the provision of those services
Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information, contact the College’s Data Protection Officer (DPO) via email: email@example.com
If you have a concern about the way we are collecting or using your personal data, or wish to discuss anything in this privacy notice we ask that you raise your concern with the HR department on firstname.lastname@example.org in the first instance. Alternatively you can contact the College’s Data Protection Officer via email: email@example.com
You can also contact the Information Commissioner’s Office at https://ico.org.uk/concerns/
Last updated 19 July 2019