Staff Privacy Notice
Staff Privacy Notice for Briarwood School
Briarwood School is committed to protecting the privacy and security of personal information. Under Data Protection Law, individuals have a right to be informed about how the school collects and uses any personal data we hold about them. We comply with this right by providing ‘privacy notices’ to individuals where we are processing their personal data, this is in accordance with the General Data Protection Regulation (GDPR).
This privacy notice explains how we collect, store and use personal data about individuals we employ, or otherwise engage, to work at our school. It therefore applies to all current and former employees, workers and contractors.
Who Collects This Information
Briarwood School is a “data controller.” This means that we are responsible for deciding how we hold and use personal information about you.
We are required under data protection legislation to notify you of the information contained in this privacy notice. This notice does not form part of any contract of employment or other contract to provide services and we may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Data Protection Principles
We will comply with the data protection principles when gathering and using personal information, as set out in our data protection policy.
The Data We Collect, Process, Hold and Share
Personal data that we may collect, store and share (when appropriate) about you includes, but is not restricted to, the following categories:
- Personal information:
- Date of birth,
- Phone numbers,
- Personal email addresses.
- Emergency Contact Information:
- Next of Kin
- Emergency contact
- Contact numbers;
- Email address;
- Recruitment Information:
- Application form including work history, professional memberships;
- Right to Work documentation including immigration status, nationality including passport or other identification;
- Qualifications, education, training records;
- Cover letter.
- Employment Records:
- Employment contract;
- Start date;
- Hours worked;
- Information on grievances raised by or involving you;
- Information on conduct and/or other disciplinary issues involving you.
- Payroll Information:
- Tax Status;
- National Insurance Number;
- Pension and benefits information;
- Attachment to earnings information;
- Bank account details.
- Training Records (all):
- MIDAS trained staffing records will include copy of driving licence.
- Absence Data – Number of absences.
- Time and Attendance Records – Signing in system.
- Information about the use of our IT, communications and other systems, and other monitoring information;
- Your use of public and social media (only in very limited circumstances, to check specific risks for specific functions within the school, you will be notified separately if this is to occur);
- Details in references about you that we give to others;
- Images of staff captured by the School’s signing in system
- Images used and for ID card purposes and as required for Health & Safety display purposes (e.g. first aider notice, designated safeguarding leads);
We may also collect, store and use information about you that falls into “special categories” of more sensitive personal data. This includes information about (where applicable):
- Your racial or ethnic origin, sex and sexual orientation, religious or similar beliefs;
- Your trade union membership;
- Political views;
- Absence Data – reasons including physical/mental health issues;
- Criminal records information;
- Medical Conditions.
Collecting This Information
- We may collect this information from you, your personnel records, the Home Office, pension administrators, your doctors, from medical and occupational health professionals we engage, the DBS, your trade union, other employees, other professionals we may engage (e.g. to advise us generally), technical systems such as our computer networks and connections, access control systems, signing in systems, remote access systems, email and, intranet and internet facilities.
How We Use Your Personal Information
We will only use your personal information when the law allows us to; primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. Please note that we may process your information without your knowledge or consent, where this is required or permitted by law.
The situations in which we will process your personal information are listed below: –
- To determine recruitment and selection decisions on prospective employees;
- In order to carry out effective performance of the employees contract of employment and to maintain employment records;
- To comply with regulatory requirements and good employment practice;
- To carry out vetting and screening of applicants and current staff in accordance with regulatory and legislative requirements;
- Enable the development of a comprehensive picture of the workforce and how it is deployed and managed;
- To enable management and planning of the workforce, including accounting and auditing;
- Personnel management including retention, sickness and attendance;
- Performance reviews, managing performance and determining performance requirements;
- In order to manage internal policy and procedure;
- Human resources administration including pensions, payroll and benefits;
- To determine qualifications for a particular job or task, including decisions about promotions;
- Evidence for possible disciplinary or grievance processes;
- Complying with legal obligations;
- To monitor and manage staff access to our systems and facilities in order to protect our networks, the personal data of our employees and for the purposes of safeguarding;
- To monitor and protect the security of our network and information, including preventing unauthorised access to our computer network and communications systems and preventing malicious software distribution;
- Education, training and development activities;
- To monitor compliance with equal opportunities legislation;
- To answer questions from insurers in respect of any insurance policies which relate to you;
- Determinations about continued employment or engagement;
- Arrangements for the termination of the working relationship;
- Dealing with post-termination arrangements;
- Health and safety obligations;
- Prevention and detection of fraud or other criminal offences; and
- To defend the School in respect of any investigation or court proceedings and to comply with any court or tribunal order for disclosure.
Our Legal Basis for using this Data
We only collect and use personal information about you when the law allows us to. We will data use it where we need to:
- Fulfil a contract we have entered into with you;
- Comply with a legal obligation (such as health and safety legislation, under statutory codes of practice and employment protection legislation);
- Carry out a task in the public interest or for official purposes;
- You have given us consent to use it in a certain way;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests, rights and freedoms do not override those interests.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests, rights and freedoms do not override those interests.
Some of the reasons listed above for collecting and using personal information about you overlap, and there may be several grounds which justify the school’s use of your data.
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another compatible reason. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Where you have provided us with consent to use your data, you may withdraw this consent at any time. We will make this clear when requesting your consent, and explain how you go about withdrawing consent if you wish to do so.
How We Use Particularly Sensitive Information
Sensitive personal information (as defined under the GDPR as “special category data”) require higher levels of protection and further justification for collecting, storing and using this type of personal information. We may process this data in the following circumstances: –
- In limited circumstances, with your explicit written consent;
- Where we need to carry out our legal obligations in line with our data protection policy;
- Where it is needed in the public interest, such as for equal opportunities monitoring (or in relation to our pension scheme);
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent.
We will use this information in the following ways: –
- Collecting information relating to leave of absence, which may include sickness absence or family related leave;
- To comply with employment and other laws;
- Collecting information about your physical or mental health, or disability status, to ensure your health and welfare in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to manage sickness absence and to administer benefits;
- Collecting information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
- To record trade union membership information to pay trade union premiums and to comply with employment law obligations.
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where it is necessary to carry out our legal obligations. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so.
Where appropriate we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of working for us.
Automated Decision Making
Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision making in limited circumstances. Staff will not be subject to automated decision making, unless we have a lawful basis for doing so and we have notified you.
How We Store Data
The School keeps information about staff on computer systems and we create and maintain an employment file for each staff member. The information contained in this file is kept secure and is only used for purposes directly relevant to your employment.
Once your employment with us has ended, we will retain this file and delete the information in it in accordance with our Data Retention Policy.
Except as otherwise permitted or required by applicable law or regulation, the School only retains personal data for as long as necessary to fulfil the purposes they collected it for, as required to satisfy any legal, accounting or reporting obligations, or as necessary to resolve disputes. To determine the appropriate retention period for personal data, the School considers the amount, nature, and sensitivity of personal data, the potential risk of harm from unauthorised use or disclosure of personal data, the purposes for processing the personal data, whether we can fulfil the purposes of processing by other means and any applicable legal requirements.
The School typically retains personal data for 6 years subject to any exceptional circumstances or to comply with laws or regulations that require a specific retention period. Our Data Retention Policy is located on the Teachers Drive.
We may need to share your data with third parties, including third party service providers where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. These include the following: –
- The Local Authority
- The Department for Education (DfE);
- Survey and research organisations such as Office for National Statistics;
- Prospective Employers;
- Welfare Services (such as social services);
- Law enforcement officials such as Police, HMRC, Courts and tribunals;
- Trade Unions;
- Training providers such as Team Teach, St John’s Ambulance;
- Professional advisors such as lawyers and consultants;
- Support services to enable them to provide the service we have contracted them for (including HR support, insurance, IT support, information security, pensions and payroll);
- Health Authorities;
- Occupational Health;
Information will be provided to those agencies securely or anonymised where possible. The recipient of the information will be bound by confidentiality obligations, we require them to respect the security of your data and to treat it in accordance with the law.
Transferring Data Internationally
Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.
We have put in place measures to protect the security of your information (i.e. against it being accidentally lost, used or accessed in an unauthorised way). In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. Details of these measures are available in the Information Security Policy.
Third parties will only process your personal information on our instructions and where they have agreed to treat information confidentially and to keep it secure.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Your Rights of Access, Correction, Erasure and Restriction
Individuals have a right to make a ‘subject access request’ to gain access to personal information that the school holds about them.
If a subject access request is made, and if we do hold information about you we will:
- Give you a description of it
- Tell you why we are holding and processing it, and how long we will keep it for
- Explain where we got it from, if not from you
- Tell you who it has been, or will be, shared with
- Let you know whether any automated decision-making is being applied to the data, and any consequences of this
- Give you a copy of the information in an intelligible form
Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.
If you would like to make a subject access request please contact the School’s named Data Controller.
You also have the right to: –
- Object to processing of personal data that is likely to cause, or is causing, damage or distress;
- Prevent processing for the purposes of direct marketing;
- Object to decisions being taken by automated means;
- In certain circumstances:
- have inaccurate personal data rectified;
- restrict processing of your personal information;(for example you can ask us to suspend processing whilst establishing data accuracy);
- have certain data blocked, erased or destroyed;
- Claim compensation for damages caused by a breach of the data protection regulations.
If you want to exercise any of the above rights, please contact the School’s DPO in writing.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Right to Withdraw Consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the schools Data Controller. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
If you would like to discuss anything within this privacy notice or have a concern about the way we are collecting or using your personal data, we request that you raise your concern with the School’s Data Controller in the first instance.
Data Controller Name: Alistair Mackintosh
Data Controller Contact Details: ICT & GDPR Strategic Lead, Briarwood School, Briar Way, Fishponds, Bristol, BS16 4EA.
Data Controller Email: Alistair.firstname.lastname@example.org
We have also appointed a data protection officer (DPO) to oversee compliance with data protection and this privacy notice. If you have any questions about how we handle your personal information which cannot be resolve by the School’s Data Controller, then you can contact the DPO on the details below: –
Data Controller Name: Craig Stilwell
Data Controller Contact Details: Judicium Consulting Ltd, 72 Cannon Street, London, EC4N 6AE
Data Controller Email: email@example.com
You have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues at https://ico.org.uk/concerns.
Changes to This Privacy Notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.