Reducing Reoffending Partnership – Data Privacy Notice for Employees

Protecting your personal information – your rights, our responsibilities

 

The Reducing Reoffending Partnership (RRP) as a provider of probation services on behalf of the Secretary of State, is a ‘competent authority’ for the purposes of processing personal data for the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

 

The Reducing Reoffending Partnership (RRP) is committed to protecting and respecting your privacy.

You have been given a copy of this notice so that you are fully informed about when, why and how we collect your personal information, how we use it, the conditions under which we may disclose it to others and how we keep it secure.

This Notice may be updated in line with changes to our processing or updates to relevant legislation.  You will always be informed when these changes occur.

Any questions regarding this Notice and/or our privacy practices, can be sent by email to informationsecurityteam@rrp.gse.gov.uk, or by writing to:

The Data Protection Officer

Reducing Reoffending Partnership

Corporate Services

Ground Floor, Centre City Tower

5-7 Hill Street

Birmingham B5 4UA

 

Who we are:

RRP owns and operates DLNR CRC (www.dlnrcrc.co.uk) and SWM CRC (www.swmcrc.co.uk ). RRP is in turn owned by three organisations: St Giles Trust (www.stgilestrust.org.uk), CGL (www.cri.org.uk) and Ingeus (www.ingeus.co.uk).

By combining experience from across the public, voluntary and private sectors, RRP aims to deliver a step-change in the provision of offender rehabilitation services to help reduce reoffending rates in the UK

The main contact address is: Ground Floor, Centre City Tower, 5-7 Hill Street, Birmingham B5 4UA

DLNR Registered Number: 08802532 England and Wales

SWM Registered Number: 08802529 England and Wales

 

The General Data Protection Regulation (GDPR) gives you rights:

  • The right to be informed of why and how we process your information
  • The right to see or have a copy of the information we hold on you
  • The right to have any incorrect information updated and put right
  • The right to deletion of information once we have no right to hold it
  • The right to restrict processing and withdraw your consent under certain circumstances
  • The right to request information in various formats
  • The right to complain about any unwarranted processing
  • Rights in relation to automated decision making and profiling

 

How do we collect information from you?

We obtain information about you as part of your employment with this organisation.  This may be in writing, via secure electronic means or verbally.  In most cases, this will be information received directly from you or your line manager, but we may also collect information from third parties (such as, recruitment agencies where they are involved in your recruitment; the Disclosure and Barring Service regarding your criminal record; third parties providing references). All information is held on secure administrative systems and/or secure hard copy systems.

 

What type of information is collected about you?

  • Name, Address, Date of Birth, contact details, gender, religion
  • National Insurance Number
  • Communication Information, i.e. preferred language, hearing difficulties
  • Bank account details, payroll records and tax status information
  • Salary, pension and benefits data
  • Start date, and if different your date of continuous employment
  • Leaving date and your reason for leaving
  • Location of workplace
  • Information about your use of our information and communications systems
  • Details of emergency contacts
  • Leave and/or absence data
  • Recruitment information in the form of application form or CV and reference request information
  • Employment records (including job titles, work history, working hours, training records and professional memberships)
  • Employment history, i.e. supervision reports, performance reviews, disciplinary/grievance information if relevant
  • Training data
  • Evidence of your right to work in the United Kingdom
  • Statutory requirements where relevant such as Driving licence
  • Documents submitted by you in the course of your employment as appropriate such as MATB1

 

We may also collect, store and use the following “special categories” of more sensitive personal information:

 

  • Information about your race or ethnicity, religious belief and, sexual orientation
  • Information about your health, including any medical condition, health and sickness records and reports from medical practitioners.
  • Information about criminal convictions and offences.

 

How do we use your information?

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  1. Where we need to perform the contract we have entered into with you.
  2. Where we need to comply with a legal obligation.
  3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

 

We may also use your personal information in the following situations, which are likely to be rare:

  1. Where we need to protect your interests (or someone else’s interests).
  2. Where it is needed in the public interest.

 

RRP have defined retention periods for the information we hold.  These are reviewed on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations.  We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract held with us.

 

Situations in which we will use your personal information

 

We need all the categories of information in the list above (see What type of information is collected about you?) primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

  • Making a decision about your recruitment or appointment.
  • Determining the terms on which you work for us.
  • Checking you are legally entitled to work in the UK.
  • Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
  • Providing employee benefits.
  • Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.
  • Liaising with your pension provider, pension administrators and any other provider of employee benefits.
  • Administering the contract we have entered into with you.
  • Business management and planning, including accounting and auditing.
  • Conducting performance reviews, managing performance and determining performance requirements.
  • Making decisions about salary reviews and compensation.
  • Assessing qualifications for a particular job or task, including decisions about promotions.
  • Gathering evidence for possible grievance, capability or disciplinary hearings.
  • Making decisions about your continued employment or engagement.
  • Making arrangements for the termination of our working relationship.
  • Learning and development requirements.
  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
  • Ascertaining your fitness to work.
  • Managing sickness absence.
  • Complying with health and safety obligations.
  • To prevent fraud.
  • To monitor your use of our information and communication systems to ensure compliance with our IT policies.
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
  • To conduct data analysis to review and better understand employee retention and attrition rates.
  • Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

 

 

What if you do not provide personal information?

 

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).

 

 

Change of purpose

 

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 reason and that reason is compatible with the original purpose. 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.

 

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Who has access to your information?

  • Only relevant authorised individuals within the RRP will have access to your data
  • We do not sell your information to any third party
  • We only share with third parties when we have an evidenced and legal reason to do so

 

How do we use particularly sensitive personal information? 

 

”Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.

2. Where we need to carry out our legal obligations or exercise rights in connection with employment.

3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

 

What are our obligations as an employer?

 

We will use your particularly sensitive personal information in the following ways:

 

  • We will use information relating to leave of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including maternity/paternity/adoption pay, sick pay, and pensions.
  • If you apply for an ill-health pension under a pension arrangement operated by a group company, we will use information about your physical or mental health in reaching a decision about your entitlement.
  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
  • We will use trade union membership information to pay trade union premiums.

 

Do we need your consent?

 

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

 

Information about Criminal Convictions

 

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

 

We envisage that we will hold information about criminal convictions.

Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information in the course of you working for us. We will use information about criminal convictions and offences to ascertain your suitability to work for our organisation, particularly with our service users or being able to access data about our service users.

We are allowed to use your personal information in this way in order to comply with our legal obligations and where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data].

 

Transferring your information outside of Europe

We will only share your data outside of Europe if you request us to do so.

 

How to get access to information we hold on you

If you want to view the information we hold, you can ask our Human Resources Team or your Line Manager to show you.  You will not be given any copies of the information.  There is no charge for this service, however, you may have to arrange an appointment with a Human Resources representative.  You may not always be able to view your information immediately upon request.

 

How to get a copy of the information we hold on you

Under GDPR requirements, you have the right to make a ‘Subject Access Request’ to receive copies of the information we hold on you.  You must make such a request in writing to the HR Shared Service (email to HRSS@rrp.gse.gov.uk or write to HRSS, Reducing Reoffending Partnership, Corporate Services, Ground Floor, Centre City Tower, 5-7 Hill Street, Birmingham. B5 4UA).

 

(RRP may request some form of identification from you if the request is submitted from a third party or if we need to confirm the authenticity of the request.)

RRP has 28 days in which to provide you with any information that you request.  If your request is likely to fall outside of that time limit, we will discuss options with you.

 

What is non-accessible information?

We shall be as open and transparent as we can about the information we hold on you.  However, there are certain restrictions on what we can legally provide you with.  For example, we will not give you information:

  • About other people
  • That needs the permission of the person(s) who gave it to us
  • That may cause harm to you or another person if we gave the information to you.

We will inform you if there is any information that we cannot share with you.

 

What other rights do I have in relation to data held about me?

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

 

  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Protection Officer at the above address in writing.

 

No fee usually required

 

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

 

What we may need from you

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

 

Do I have the right to withdraw consent previously given?  

 

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 Human Resources at HRSS@rrp.gse.gov.uk. 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 have any questions about this privacy notice, please contact informationsecurityteam@rrp.gse.gov.uk.

 

What if you are not happy with what is happening with the information we hold on you?

 

Firstly, please talk to your Line Manager regarding your concerns.

If you are still unhappy, you can contact us at:

The Data Protection Officer

Reducing Reoffending Partnership

Corporate Services

Ground Floor, Centre City Tower

5-7 Hill Street

Birmingham B5 4UA

Or by email at: informationsecurityteam@rrp.gse.gov.uk

If you are still not happy with how RRP is dealing with your information, you can write to the Information Commissioner’s Office at:

 

Information Commissioner’s Office

Whycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545745

Website: www.ICO.org.uk

 

Review of this Notice  

We reserve the right to update this privacy notice at any time, and we will publish 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.

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