Job and apprenticeship applicants privacy notice

In order to process your job application, Brighton & Hove City Council collects, stores and processes your personal information.

This privacy notice explains what information we collect from you, and what we do with it.

This privacy notice does not apply to partnership vacancies, where the employer is someone other than Brighton & Hove City Council. That recruiting council will be able to let you know what privacy arrangements they have in place.

The data controller for your data

Brighton & Hove City Council is the data controller for purposes of the Data Protection Act (2018) and The General Data Protection Regulation (EU) 2016/679 ("GDPR") and is registered as a data controller with the Information Commissioner’s Office (ICO) under registration number Z5840053.

Brighton & Hove City Council are committed to protecting your personal information. As a data controller, we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law.

Why we’re collecting your data

  • We are collecting your data to conduct a recruitment exercise to assess and confirm your suitability for a job role or apprenticeship training programme at Brighton & Hove City Council
  • We will not use your data for any purpose other than the recruitment exercise you have applied for and enables us to administer your contract of employment if you go on to work for us.
  • In some cases, we need to process data to ensure we are complying with our legal obligations. For example, we are required to check your eligibility to work in the UK before employment starts and for some roles we are obliged to seek information about criminal convictions and offences.
  • We process health information to make reasonable adjustments to the recruitment process for candidates who have a disability. This is to carry out our obligations and exercise specific rights in relation to employment.
  • We process elective data about ethnic origin, sexual orientation, health, religion or belief, age, gender and marital status to generate statistical equal opportunities information about our workforce. This information is anonymous and aids us to
    • Fulfil a statutory duty to assist in ensuring fairness of treatment in appointment decisions, as statistical monitoring shows whether we are treating minority groups equitably.
    • Plan our workforce and respond to Freedom of Information requests from the public.
  • We may also need to process your data to respond to and defend against legal claims.

What is the legal basis for collecting your data

We have a legal basis for processing this data to:

  • successfully carry out the performance of a contract
  • comply with legal obligations and exercise specific rights in relation to employment
  • it is considered necessary to enable us to carry out our tasks, functions, duties or powers or to perform a task carried out in the public interest
  • elective special category data is collected for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes which shall be proportionate to the aim pursued

The data we may collect

We collect the following information from application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment.

We also collect personal data and special category data from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks.

The type of information collected from you is as follows:

Personal data

  • Your full name and title.
  • Contact details including email address, phone number, and home address.
  • Date of birth
  • Gender
  • National Insurance number
  • Bank account details
  • Details of your employment and training history.
  • Education history, qualifications and professional memberships
  • Any information you supply about how you meet the essential/desirable criteria for a role or apprenticeship.
  • Declarations about any disciplinary action, resignation in the face of dismissal, disqualifications or unspent convictions.
  • Health declarations
  • Marital status, next of kin and emergency contacts.
  • Nationality and eligibility to work in the UK
  • Equal opportunities monitoring data.
  • Details of your referees

Special category data

We may also collect Special Category (sensitive data) of personal data that may include:

  • Physical or mental health details
  • Racial or ethnic origin
  • Gender identity
  • Sexual orientation
  • Offences (including alleged offences)
  • Religious views or beliefs
  • Criminal proceedings, outcomes and sentences

If you go on to work with us, we will add personal data to your personnel file.

Who we’ll share your data with

We may share your data with:

  • relevant members of the HR and Recruitment Team*
  • interviewers
  • apprenticeship approval panel (Apprenticeships only)
  • managers in the relevant service area
  • IT staff

*The council operates a shared HR Service with Surrey County Council and East Sussex County Council and therefore your data may be shared with relevant HR staff from these partners only to fulfil the actions required to successfully administrate the recruitment exercise for which you have applied.

We will not share your data with any additional third parties unless your application for employment is successful and we make you an offer of employment. We will then share your data with:

  • referees to obtain background checks
  • disclosure and Barring Service for criminal records checks (if applicable to the role applied for)
  • our mandated managed service provider Guidant Group for shift bookings (Care Crew only)
  • training provider for you to access their apprenticeship programme (Apprenticeships only) and data concerning health to ensure they can make any reasonable adjustments to delivering the apprenticeship
  • apprenticeship Service to access the ESFA funding (Apprenticeships only)
  • In exceptional circumstances, we may share your information for the purposes of detection and prevention of crime or fraud.  

How long we’ll keep data for and why

If your application is unsuccessful, we will keep your data for a minimum of twelve months, and as long as your account remains active – we automatically close accounts (and delete content) after 12 months of inactivity. This period is inclusive of the Limitation Act 2010 and provides additional time to enable you to re-access your application to apply for additional roles.

Unless an exemption applies, you have the right to request deletion of your data.

If you go on to work with us, we will transfer your data to your personnel file and keep it for the duration of your employment.

How your data will be stored

  • Your information will be stored electronically and/or on paper records, including your application record, in HR management systems and on other IT systems (including email)
  • We will only make your information available to those who have a right to see them. Example of the security measures we used are:
    • Training for our staff allows us to make them aware of how to handle information and how and when to report when something goes wrong
    • We use encryption meaning that information is hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code. The hidden information is said to then be ‘encrypted’.
    • Pseudonymisation meaning that we’ll use a different name so we can hide parts of your personal information from view. This means that someone outside of the council could work on your information for us without ever knowing it was yours.
  • Controlling access to systems and networks allows us to stop people who are not allowed to view your personal information from getting access to it.
  • Regular testing of our technology and ways of working including keeping up to date on the latest security updates (commonly called patches).

Transferring data outside the European Economic Area

We will not transfer your data outside the European Economic Area.

Your rights

You have the following rights:

  • A right to a copy of data held about you, an explanation for its processing and who it has been shared with
  • A right to rectification (correction) of data which is demonstrably wrong
  • A right to erasure
  • A right to object to automated decision making

Please visit our Data Subject Rights webpage for further details on this. Should you have any further queries on the uses of your information, please speak to the Human Resources team or email data.protection@brighton-hove.gov.uk

How to get advice or make a complaint

Data Protection Contacts

If you wish to discuss any of your data protection rights, you can contact the Data Protection Team on 01273 295959 or by email at data.protection@brighton-hove.gov.uk

The council has also appointed a Data Protection Officer. Contact the Data Protection Officer.

Whilst we would prefer that you contact us first with any concerns that you might have, you can also contact the Information Commissioner’s Office. The ICO is the national regulator with responsibility for ensuring compliance with data protection.

Information Commissioner’s Office

You also have the right to lodge a complaint with a supervisory authority.

Contact details for ICO are stated below:

The ICO can be contacted:

  • on their website
  • by phone: 0303 123 1113
  • by post: Wycliffe House, Water Ln, Wilmslow SK9 5AF

This privacy notice will be subject to review when there is a change.

  • Date: April 2019
  • Date for review: April 2020