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Privacy Policy

Cafcass Privacy Statement

 

Cafcass is committed to ensuring the security and privacy of your personal data. We need to gather and process information or ‘data’ about you in order to make decisions about whether to employ you. We do this in a manner which is compliant with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security.

 

This privacy notice describes how we collect and use personal information about you during the application process, in accordance with the General Data Protection Regulation (GDPR).

 

Cafcass 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 privacy notice applies to all job applicants. This notice does not form part of any subsequent contract of employment. We may update this notice at any time.

 

If you are applying to work for us then it is important that you read this notice so that you are aware of how and why we are using such information.

 

Data Protection Principles

 

We will comply with data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.

2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3. Relevant to the purposes we have told you about and limited only to those purposes.

4. Accurate and kept up to date.

5. Kept only as long as necessary for the purposes we have told you about.

6. Kept securely.

 

 

 

As defined by the General Data Protection Regulation (GDPR) Cafcass, National Business Centre, Milburn Hill Road, University of Warwick, Science Park, Coventry, West Midlands is the Data Controller and ultimately responsible for ensuring the data you provide is kept secure, processed correctly and that you understand your legal rights in relation to the data you provide.

The recruitment software we use via this website is supplied by Net-Worx (2001) Ltd (trading as networx) and they are defined as a Data Processor under the GDPR. They will only process your data in accordance with our instructions.

networx can be contacted at: The Engine House, Wharfebank Business Centre, Ilkley Rd, Otley LS21 3JP.

The Data Protection Officer for networx is Rob Baker and can be contacted at dpo@networxrecruitment.com

THE KIND OF INFORMATION WE WILL COLLECT ABOUT YOU  

 

‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person as well as indications of any intention in respect of that person. It does not include anonymised data or aggregated data where the individual’s data is no longer identifiable.

There are also “special categories” of more sensitive personal data which require a higher level of protection. 

 

During the application process we may collect, store, and use some or all of the following categories of personal information about you:

 

•        Personal contact details such as name, title, addresses, telephone numbers, and email addresses.

•        Date of birth and age.

•        Gender.

•        National Insurance number.

•        Recruitment information including copies of right to work documentation, references* and other information included in a CV and cover letter or application form along with any pre-employment assessments as part of the application process.

•        Previous employment information including previous employers, job titles/positions held, work history.

•        Professional memberships and qualifications.

•        Professional development and training records.

•        Images including photographs/video including where obtained by CCTV (for example when attending a Cafcass building for interview).

 

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

 

•        Information about your race or ethnicity, religious/philosophical beliefs, sexual orientation.

•        Information about your health, including any medical conditions, health and previous sickness absence*.

•        Information about criminal convictions and offences and records of DBS checks completed*.

(*We will only obtain information about your health, undertake a DBS check or take up employment references if making a conditional offer of employment.)

 

HOW IS YOUR PERSONAL INFORMATION COLLECTED?  

 

We collect personal information about you at several stages during the application and recruitment process, either directly from you (for example your CV) or sometimes from an employment agency or other background check provider. Systems we use to collect personal information may include third party software e.g. Candidate management systems and online assessments.  We may sometimes collect additional information from third parties including former employers, reference agencies, DBS checks and checks against external databases e.g. HCPC membership.

  

HOW WE WILL USE INFORMATION ABOUT YOU  

 

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

1. Where we have a legitimate interest in assessing your suitability for the role you have applied for.

2. To make decisions about whether to employ you and to determine the terms and conditions of any subsequent offer of employment.

3. Where we need to comply with a legal obligation such as to confirm your identity and ensure that you are eligible to work in the UK, or to check that you hold the necessary qualifications and professional registration.

 

If you fail to provide personal information

 

If you fail to provide certain information when requested, we may not be able to progress your application for employment and this may prevent you from working for Cafcass.

 

HOW 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 may process special categories of personal information in the following circumstances:

1.      Where it is necessary for carrying out legal rights or obligations in respect of your application for employment, including pertaining to criminal convictions and offences.

2.      Where it is needed for reasons of substantial public interest, such as for equal opportunities and diversity monitoring.

3.      Where it is necessary for the purposes of occupational health or assessment of your working capacity.

4.      Where it is necessary for the establishment, exercise or defence of legal claims.

5.      Where you have already made the data public. 

  

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

 

•        We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace, to assess your fitness to work and to provide appropriate workplace adjustments and support.

•        We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual orientation, to ensure meaningful equal opportunity monitoring and reporting as required by the Equalities Act 2010 and the Specific Duties Regulations 2011, and to inform relevant Cafcass equality strategies. Such processing is therefore in the substantial public interest and in line with legislation. 

 

Do we need your consent?

 

You are not required to provide us with particularly sensitive information, however if you do provide this to us then we do not need your consent to further use 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 as outlined above. If you choose not to provide us with this information then this may limit our ability to undertake meaningful equal opportunity monitoring and reporting. If you do not provide us with information about your health or disability then this may limit our ability to adequately assess your fitness to work or provide appropriate workplace adjustments or support.

 

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, or to request your consent for that specific processing if that is necessary.

 

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

 

INFORMATION ABOUT CRIMINAL CONVICTIONS  

 

We may only use information relating to criminal convictions where the law allows us to do so. This will be where such processing is necessary to carry out our legal obligations and provided we do so in line with our DBS Policy and Procedure and the relevant legislation. We will do this in order to make safe recruitment decisions and minimise risk to children.

The level of detail we obtain in relation to criminal convictions will be proportionate to the nature of the role for which you have applied.

 

AUTOMATED DECISION-MAKING  

 

We may use automated filtering tools to reject your application if you do not meet the minimum requirements for the role you have applied for based on the information you provide. Thereafter, we also make use of automation during the selection process for example to collate scores from candidate assessments. Such processes do not however make any decisions about your application, with decisions on suitability or offers of employment being taken by hiring managers who have received appropriate training in recruitment and selection.

 

DATA SHARING  

 

We may need to share your data with third parties, including third-party service providers or other relevant bodies.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We will not transfer your personal information outside the EU.

 

 

 

Why might you share my personal information with third parties?

 

 

We will share your personal information with third parties where required by law, where it is necessary to process your application or where we have another legitimate interest in doing so.

 

 

Which third-party service providers process my personal information?

 

 

”Third parties” includes third-party suppliers/service providers such as our HR/Payroll software and service provider (Midland HR), Candidate Management software (Networx), Selection assessments and pre-employment checks (t-three, Great With Talent and GB Group), training/onboarding platforms (Learning Pool/Learning Nexus), Occupational Health (HML Ltd), or other relevant governmental or statutory bodies e.g. HCPC.

 

 

How secure is my information with third-party service providers and other bodies?

 

 

All our third-party service providers or other bodies with whom we need to share your information are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions. Third parties who act as data processors are bound by the same legislation as ourselves; Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’).

 

 

 

Data Security

 

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those parties who have a legitimate need to know in the processing of your application. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. All Cafcass staff handling personal data are required to comply with the Cafcass Employee and Worker Data Protection Policy, the Cafcass Information Assurance Policy and the Cafcass IT Policy and Procedures. This includes undertaking mandatory training in Information Assurance.

 

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator (the Information Commissioner’s Office) of a suspected breach where we are legally required to do so.

 

 

 

DATA RETENTION  

 

 

How long will you use my information for?

 

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. For unsuccessful applicants we will retain records of your application for a period of 2 years. Thereafter records of your application will be deleted.

 

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

 

We collect your data for statistical analysis or to extract it as part of a successful employee process in to our HR/Payroll system.

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION  

  

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

 

      Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

      Request correction of any inaccuracies in the personal information that we hold about you.

      Request erasure of your personal information where we are not entitled to process it or is no longer necessary to process it for the purpose it was originally corrected.

      Object to processing of your personal information where we are relying on a legitimate interest and you think you’re your rights and interests outweigh our own, and you wish us to stop.

      Request the restriction of processing of your personal information. This enables you to ask us to restrict 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 wish to request erasure, correction, or to restrict processing of your personal data, then you should contact us at HR@cafcass.gov.uk

 

If you wish to make a Subject Access Request then this should be done following the procedure set out in the Subject Access Request Policy. Further information is available on our website Freedom of Information and Subject Access Request page.

 

 

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 or refuse your request if it is clearly unfounded or excessive.

 

 

DATA PROTECTION OFFICER  

 

We have appointed a Data Protection Officer to oversee compliance with this privacy notice. If you have any concerns about this privacy notice or how we handle your personal information, please contact DataProtectionOfficer@cafcass.gov.uk . You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

  

If you have any general queries about how we handle your personal data then please contact HR@cafcass.gov.uk .