Data Controller: Spelthorne Borough Council, Council Offices, Knowle Green, Staines Upon Thames, TW18 1XB. 

Telephone: 01784 451499. 

Email: customer.services@spelthorne.gov.uk

Data Protection Officer:    Clare Williams, Information Governance Officer

Email: data.protection@spelthorne.gov.uk

As part of any recruitment process, the Council collects and processes personal data relating to job applicants.  The Council is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does the Council collect?

The Council collects a range of information about you.  This includes:

  • your name, address and contact details including email address and telephone number
  • details of your qualifications, skills, experience and employment history
  • information about your current level of remuneration, including benefit entitlements
  • whether or not you have a disability for which the Council needs to make reasonable adjustments during the recruitment process
  • information about your entitlement to work in UK; and
  • equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief
  • the Council collects this information in a variety of ways.  For example, data might be contained in application forms, equal opportunities monitoring form, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including tests

The Council will also collect personal data about you from third parties, such as references supplied by former employers and information from criminal records checks.  The Council will seek information from third parties only once a job offer to you has been made and will inform you that it is doing so.

Data will be stored in a range of different places, including on your application record, on the external Applicant Tracking System, in HR management systems and on other IT systems including email.

Why does the Council process personal data?

The Council needs to process data to take steps at your request prior to entering into a contract with you.  It also needs to process your data to enter into a contract with you.

In some cases, the Council needs to process data to ensure that it is complying with its legal obligations.  For example, it is required to check a successful applicant's eligibility to work in the UK before employment starts.

The Council has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process.  Processing data from job applicants allows the Council to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job.  The Council may also need to process data from job applicants to respond to and defend against legal claims.

The Council processes health information if it needs to make reasonable adjustments to the recruitment process for candidates who have a disability.  This is to carry out its obligations and exercise specific rights in relation to employment.

Where the Council processes other special categories of data, such as information about ethic origin, sexual orientation, health, religion or belief, age, gender or marital status, this is done for the purposes of equal opportunities monitoring purposes as permitted by the Data Protection Act 2018.

For some posts the Council is obliged to seek information about criminal convictions and offences.  Where the Council seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment and comply with a regulatory requirement to establish whether or not an individual has committed an unlawful act or been involved in dishonesty or other improper conduct.

The Council will not use your data for any purpose other than the recruitment exercise for which you have applied.

Who has access to data?

Your information will be shared internally for the purposes of the recruitment exercise.  This includes members of Human Resources, interviewers involved in the recruitment process, managers in the service area with a vacancy and IT staff if access to the data is necessary for the performance of their roles.

The Council will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment.  The Council will then share your data with former employers or other nominated referees to obtain references for you, the Occupational Health service for the medical clearance process and the Disclosure and Barring Service or Disclosure Scotland to obtain necessary criminal records checks if appropriate to the post. 

In the majority of cases the Council use the external Applicant Tracking System to manage and process applications for job vacancies.

The Council will not transfer your data outside of the European Economic Area.

How does the Council protect data?

The Council takes the security of your data seriously.  It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed and is not accessed except by our employees in the proper performance of their duties.  Access to the external Applicant Tracking system is restricted to the recruitment manager(s) and/or officer(s), managers in the relevant services and Human Resources. 

If your application is through Jobs go Public's Applicant Tracking System you will have been provided with their Privacy Notice in relation to their processing of your data.

For how long does the Council keep data?

If your application for employment is unsuccessful, the Council will hold your data on file for six months after the end of the relevant recruitment process.  At the end of that period your data is deleted or destroyed.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment.   The periods for which you data will be held will be provided to you in a new privacy notice.

Your rights

As a data subject, you have a number of rights.  You can:-

  • access and obtain a copy of your data on request
  • require the Council to change incorrect or incomplete data
  • require the Council to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing
  • object to the processing of your data where the Council is relying on its legitimate interests as the legal ground for processing; and
  • ask the Council to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the Council's legitimate grounds for processing data

If you would like to exercise these rights, please contact Clare Williams, Information Governance Officer, Spelthorne Borough Council, Council Offices, Knowle Green, Staines upon Thames, TW18 1XB.  Alternatively, you can make a subject access request by completing the Council's form for making a subject access request available on the Council website, www.spelthorne.gov.uk.

If you believe that the Council has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to the Council during the recruitment process.  However, if you do not provide the information, the Council may not be able to process your application properly or at all.  If your applications is successful, it will be a condition of any job offer that you provide evidence of your right to work in the UK and satisfactory references, medical clearance and any others conditions will be as detailed in your offer of employment.

You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.

Automated decision-making

The recruitment process is not based solely on automated decision making.