Privacy notice for job applicants

In accordance with the General Data Protection Regulation (GDPR), ARTICLE 19 has implemented this privacy notice to inform you, as prospective employees of our organisation, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.

1. Data Protection Principles

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

  1. processing is fair, lawful and transparent
  2. data is collected for specific, explicit, and legitimate purposes
  3. data collected is adequate, relevant and limited to what is necessary for the purposes of processing
  4. data is kept accurate and up to date. Data which is found to be inaccurate will be rectified erased without delay
  5. data is not kept for longer than is necessary for its given purpose
  6. data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
  7. we comply with the relevant GDPR procedures for international transferring of personal data

2. Types of data held by us

We keep several categories of personal data on our prospective employees in order to carry out effective and efficient processes. We keep this data in recruitment files relating to each vacancy within our enterprise information systems.

Specifically, we hold the following types of data:

  1. personal details such as name, address, phone numbers;
  2. your gender;
  3. right to work documentation;
  4. information gathered via the recruitment process such as that entered into a CV orincluded in a CV cover letter;
  5. references from former employers;
  6. details on your education and employment history etc;
  7. criminal convictions.

3. Collecting your data

You provide several pieces of data to us directly during the recruitment exercise. In some cases, we will collect data about you from third parties, such as employment agencies and/or former employers when gathering references.

Should you be successful in your job application, we will gather further information from you, for example, your bank details and next of kin details, once your employment begins.

4. Lawful basis for processing your data

The law on data protection allows us to process your data for certain reasons only. We ensure that processing is only carried out where a lawful basis for processing exists, and in addition, where we have assigned a lawful basis against each processing activity. Where no other lawful basis applies, we may seek to rely on the individual’s consent in order to process data. However, we understand that consent must be freely given, specific, informed and unambiguous.  Where consent is to be sought, we will do so on a specific and individual basis where appropriate.

The information below categorises the types of data processing we undertake and the lawful basis we rely on.

Activities requiring your data

Carrying out checks in relation to your right to work in the UK

Legal basis: legal obligation

Making reasonable adjustments for disabled employees

Legal basis: legal obligation

Making recruitment decisions in relation to both initial and subsequent employment e.g. promotion

Legal basis: our legitimate interests

Making decisions about salary and other benefits

Legal basis: our legitimate interests

Making decisions about contractual benefits to provide to you

Legal basis: our legitimate interests

Assessing training needs

Legal basis: our legitimate interests

Dealing with legal claims made against us

Legal basis: our legitimate interests

Preventing fraud

Legal basis: our legitimate interests

5. Special categories of data

Special categories of data are data relating to your:

  1. health
  2.  sex life
  3. sexual orientation
  4. race
  5. ethnic origin
  6. political opinion
  7. religion
  8. trade union membership
  9. genetic and biometric data.

However, ARTICLE 19 may only hold information related to below special categories:

  • Health
  • sexual orientation and

We carry out processing activities using special category data:

  1.  for the purposes of equal opportunities monitoring
  2. to determine reasonable adjustments to our internal policies and procedures

Most commonly, we will process special categories of data when the following applies:

  • you have given explicit consent to the processing
  • we must process the data in order to carry out our legal obligations
  • we must process data for reasons of substantial public interest
  • you have already made the data public.

6. Failure to provide data

Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of employment with you. This could include being unable to offer you employment, or administer contractual benefits.

7. Criminal conviction data

ARTICLE 19 may from time to time undertake due diligence process that may involve viewing “Criminal offence data”: this is data which relates to an individual’s criminal convictions and offences. However, this information will only be held, if at all, for the duration in which lawful processing takes place, such as recruitment. We rely on the lawful basis of legal obligations to process this data.

8. Who we share your data with

Employees within ARTICLE 19 who have responsibility for recruitment will have access to your data which is relevant to their function. All employees with such responsibility will be trained in ensuring data is processing in line with GDPR.

ARTICLE 19 does not share your date with third parties. ARTICLE 19 may be required to transfer personal data to its Affiliates in country or countries outside of the EEA. The reason for sharing with these countries is solely for recruitment purposes. Data is only transferred through our enterprise information system.  Where this occurs, safeguards are adopted as detailed clause (9).

9. How we maintain data security

ARTICLE 19 operates with a high degree of awareness of risks associated with data privacy and security. Personal information and relevant data retained within our enterprise information system, and all processing activities are subject to our Data Protection Policy.

10. Retention Periods

We only keep your data for as long as we need it for, which, in relation to unsuccessful candidates, is six months to a year.

If your application is not successful and we have not sought consent or you have not provided consent upon our request to keep your data for the purpose of future suitable job vacancies, we will keep your data for six months once the recruitment exercise ends.

If we have sought your consent to keep your data on file for future job vacancies, and you have provided consent, we will keep your data for a year once the recruitment exercise ends. At the end of this period, we will delete or destroy your data, unless you have already withdrawn your consent to our processing of your data in which case it will be deleted or destroyed upon your withdrawal of consent.

Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data and there will be no consequences of withdrawing consent.

If your application is successful, your data will be kept and transferred to the systems we administer for employees. We have a separate privacy notice for employees, which will be provided to you.

11. Automated decision making

Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.

12. Your Right

You have the following rights in relation to the personal data we hold on you:

  1. the right to be informed about the data we hold on you and what we do with it;
  2. the right of access to the data we hold on you. We operate a separate Subject Access Request policy and all such requests will be dealt with accordingly;
  3. the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
  4. the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
  5. the right to restrict the processing of the data;
  6. the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
  7. the right to object to the inclusion of any information;
  8. the right to regulate any automated decision-making and profiling of personal data.

In addition to the above rights, you also have the unrestricted right to withdraw consent, that you have previously provided, to our processing of your data at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please email [email protected]

13. Making a compliant

If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.

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