Tonbridge and Malling Borough Council is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you during and after your engagement with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all workers.
Please retain this 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 and what your rights are under the data protection legislation.
The categories of information that we collect, process, hold and share include:
- personal information (such as name, address, date of birth)
- characteristics (such as gender, ethnicity)
- National Insurance number
- pay, holiday and (if applicable) pension information
- start date
- leaving date and your reason for leaving
- place of work
- recruitment information (application form, copies of right to work documentation, references, medical clearance)
- previous work record (such as job titles, professional membership)
- identity photograph
- information about your health (such as any declared medical conditions, details of absences, reports from occupational health advisers, relevant information if your engagement is terminated due to ill health
- information about criminal convictions and offences
Why we collect and use this information
We use your data to:
- enable us to carry out specific functions for which we are responsible, primarily to allow us to administer the contract we have entered into with you
- enable us to make a decision about your engagement and appointment to posts
- determine the terms on which you work for us
- check you are legally entitled to work in the UK
- pay you
- enrol you into the Local Government Pension Scheme (if applicable)
- manage performance of the contract
- ascertain your fitness to work
- comply with health and safety obligations
- enable us to provide appropriate workplace adjustments
- administer any benefits applicable to casual workers
- monitor your use of our information and communication systems to ensure compliance with our IT systems
- ensure network and information security
- conduct data analytics such as gender pay gap reporting
- undertake equal opportunities monitoring
- provide statistics to government departments
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
The lawful basis on which we use this information
We collect and use this information for the purposes of performing the contract with you. This information is collected and used in accordance with Article 6 and Article 9 of the General Data Protection Regulations as set out below.
- Article 6 – Personal Data
- Article 9 – Special Categories
- processing is necessary for the performance of a contract with the data subject
- processing is necessary for the purposes of carrying out the obligations of the controller or of the data subject in the field of employment
- processing is necessary for the purposes of the legitimate interests pursed by the controller or by a third party
- processing is necessary for the establishment, exercise or defence of legal claims
- processing is necessary for the purposes of the assessment of the working capacity of the worker
- processing is necessary for reasons of the public interest, (such as for equal opportunities monitoring).
Collecting this information
In order to comply with the data protection legislation, we will inform you in future if we request additional personal information whether you are required to provide this additional information to us or if you have a choice in this.
Storing this information
We hold your data for up to 7 years after the end of your contract with Tonbridge and Malling Borough Council.
Who we share this information with
We routinely share information with:
- KCC pension administration team
- the council’s occupational health advisors
- for system maintenance support
- making returns to the HMRC
- transparency regulations reporting requirements
- organisations seeking a reference for you when you have applied for a job with them
Why we share this information
We only share data with third parties on a statutory basis under for the purposes of legal or reporting requirements.
Data collection requirements
We do not need your consent if we use special categories of your personal information in order to carry out the council’s legal obligations / exercise specific rights in the field of employment law. In very rare circumstances where this is not the case, we will approach you for your written consent. 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.
We may only use information relating to criminal convictions where the law allows us to and if it is appropriate given the nature of the role. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or if we are notified directly by you in the course of you working for us. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.
Requesting access to your personal data
Under data protection legislation, you have the right to request access to information about them that we hold. To make a request for your personal information please contact Adrian Stanfield, the council’s Data Protection Officer at foi@tmbc.gov.uk.
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 purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have personal data rectified, blocked, erased or destroyed; and
- claim compensation for damages caused by a breach of the Data Protection regulations
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at How to make a data protection complaint to an organisation.
Further information
If you would like further information about this privacy notice, please contact Adrian Stanfield, the council’s Data Protection Officer at foi@tmbc.gov.uk.
The council collects and uses personal information for a number of purposes across all of its departments and functions. To find out more about how the council uses the personal information it collects, please refer to the Corporate Privacy Notice.