HR and Occupational Health Unit privacy notice

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This Privacy Notice has been created to make it easier for you to understand what personal data Warwickshire Police processes about you, how and why it will be used in connection with your employment as is required under the UK General Data Protection Regulation (UK GDPR).

It is subordinate to, and should be read in conjunction with, the appropriate high-level Privacy Notice for Warwickshire Police.

This privacy notice is relevant to all current, prospective and former employees (which includes staff, officers and PCSOs). It also includes contractors, apprentices, specials and volunteers who undertake roles similar to employees.

The Force collects and processes a significant amount of employee personal data, and we are committed to being transparent about how we collect and use that data.

For what purpose(s) is my personal data intended to be processed by Warwickshire Police?

The Force will process your personal and special category data in order to:
Fulfil our Contractual and Legal Obligations, to carry out tasks that are in the public interest and in our legitimate interests and also some elements will be with your consent. Examples of these purposes include but are not limited to:

Running recruitment processes, including hiring temporary or permanent employees and provision of references, taking fingerprints, DNA and samples, ensuring vetting is in place.
Managing employee performance and related processes including: planning for career development; succession planning and workforce management purposes; support programmes such as positive action; and exit interviews.
Maintaining accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), records relating to employee contractual and statutory rights and records of absence in line with absence management procedures.
Ensuring employees are receiving the pay or other benefits to which they are entitled and that statutory payments are made correctly e.g. tax and National Insurance.
Recording Injury/Accident and near-miss data to support payroll, pension and Health and Safety requirements.
Allowing effective workforce management such as for projects and programmes which improve operational effectiveness of the Force and supporting engagement with our workforce.
Maintaining and promoting equality, diversity and inclusion in the workplace, including supporting individuals in career development.
Supporting the investigation of complaints/allegations of misconduct/fairness at work issues raised internally or from members of the public.
Preparing internal hearings concerning employee misconduct.
Maintaining key critical services in the event of an emergency.
Supporting the co-operation between employer, employees and trade unions. This can include successful delivery of service and the management of organisational change.
Supporting national data collection and matching exercises.
Facilitating internal communications (including surveys), collaboration on team projects and messages on approved platforms.
Responding to and defending legal claims.
Facilitating training and apprenticeship opportunities.
To identify you and ensure your medical information is filed correctly.
To assess and protect your health and fitness to work.
To provide advice to HR/Managers (within the established practice of medical confidentiality) on the management of work-related health problems or health problems that may affect you at work.
To decide how best to provide support and advice to you.
To identify any additional support that would help you to improve your health.

What types of personal information do we handle via the HR and Occupational Health process?

Warwickshire Police will collect personal information about you to enable us to discharge our responsibilities as an employer. Types of personal data that we will collect, and use includes, but is not limited to:

your name and work and home contact details and date of birth;
the contact details for your emergency contacts/next of kin;
your gender/birth sex as well as self-identified gender if this is different;
your images;
your marital status and family details (for tax allowance purposes and the assignment of pension benefits in the event of death in service);
information relating to your contract of employment, performance and behaviour at work;
training records;
your previous and current medical health records whether provided by Warwickshire Police Occupational Health Unit (OHU) or other third parties.

Special Category data:

Racial or ethnic origin;
Nationality
Physical or mental health or condition; including whether or not you have a disability for which the organisation may need to make reasonable adjustments or monitor the equality of opportunity
Information about medical or health conditions of your family.
Offences (including alleged offences)
Criminal proceedings, outcomes and sentences
Physical identifiers including DNA, fingerprints and other genetic samples;
Equal opportunity monitoring information, including information about your ethnic origin, sexual orientation, health and religion/beliefs.

What is the lawful basis for processing my personal data?

The lawful basis for processing personal data is that it is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject on entering into a contract (Article 6 (1) (b) UK GDPR), so we can comply with our legal obligations (Article 6 (1)(c) UK GDPR) and processing is necessary for the purposes of the legitimate interests pursued by the controller (Article 6 (1) (f) UK GDPR), namely managing employment and resourcing.

The lawful basis for processing special category personal data is that you, the data subject, have given explicit consent to the processing of those personal data for one or more specified purposes, namely employment (Article 9(2)(a) UK GDPR) and processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment (Article 9(2)(b) UK GDPR), as well as processing is necessary for reasons of substantial public interest (Article 9(2)(g) UK GDPR) (DPA 2018, Sch.1, Part 1 and Sch.2, S.6, S.9-11, and S.21). Also Article 9 (2) (h) of the UK General Data Protection Regulation which relates to processing necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the following safeguard:

That the data is processed by or under the responsibility of a professional subject to the obligation of professional secrecy.

Other applicable employment and equalities legislation such as The Equality Act 2010.

Where do we obtain personal information from for the HR process?

Warwickshire Police obtains, through recruitment and the HR process, personal information and documents that are supplied by you. In addition, as part of the recruitment and vetting process, personal information relating to creditworthiness is obtained from credit reference agencies for vetting purposes, reference information is provided by referees identified by you or previous employers. Personal information relating to criminality (alleged or otherwise) is provided by other law enforcement agencies, and from existing Warwickshire Police-held information.

As part of the OH process, data might be collected through the pre-employment and OH referral processes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of a referral; from correspondence with you or through consultations, meetings or other assessments and via automatic transfer from the HR system.

In some cases, the organisation may collect personal data about you from third parties, such as:

NHS, private health care providers and healthcare referral agencies (with your express permission)
Other checks permitted by law

How will my personal data be processed?

The personal information obtained through the HR and OH process and subsequent activity is handled in accordance with the data protection legislation. In particular we ensure that personal information is handled fairly and lawfully with appropriate justification. We strive to ensure that any personal information used by us or on our behalf is of the highest quality in terms of accuracy, relevance, adequacy and non-excessiveness, is kept as up-to-date as required, is protected appropriately, and is reviewed, retained and securely destroyed when no longer required. All associated data rights are respected.

If my personal data is obtained by Warwickshire Police from someone else what are the categories of personal data collected?

See Section “Where do we get our information from on” on the high-level privacy notice on the website.

Who will my personal data be disclosed to by Warwickshire Police?

See Section “What disclosures do we make of your personal data” on the high-level privacy notice on the website.

For our OH service we will also disclose personal information to other bodies or individuals when required to do so by, or under, any act of legislation, by any rule of law, and by court order or where this is an overriding public interest in disclosure.

These include but are not limited to;

Consultants/doctors and other healthcare professionals who provide treatment to you.
Other healthcare providers where we feel this will enhance the quality of your care.
Sub-contractors and other persons who help us to provide OHU services to you.
Companies and other persons providing services to you as part of your extended care.
Our legal and other professional advisors, including our auditor’s agencies (HR).
In an emergency or to otherwise protect your vital interests.
To protect the security or integrity of our business operations and other patients.
When we restructure or have a merger or reorganisation. (HR)
Payment systems and providers; and anyone else where we have your consent or as required by law.
Results of Health Surveillance will be passed to line management and HR under Reg. 11 COSHH Regulations 2002 and ACOP 2003 for retention by the Health and Safety Executive (HSE).
Where a court orders us to share your information, to comply with legal requirements.
Where it is required to detect, investigate or prevent serious crime

Please also see the Privacy Notices of our OHU Software Provider, and our OH services supplier and EAP provider.

The common law duty of confidence and your OH records

As your OH records are also classed as a 'clinical record' we also have a legal and ethical duty (under relevant health professional codes of conduct) not to disclose confidential medical information to third parties, including your manager or HR, without your permission, unless required to by law, or there is an overriding public interest in the disclosure.

Your permission will therefore be required:

For your referral to OHU as a serving member of staff/officer/volunteer.
To obtain medical information from your GP or other specialists from whom you have received treatment.
For the outcome of an assessment to be shared with HR/Management. If you do not give permission, and the assessment indicates that there is a safety critical risk, OHU will return a “fitness could not be confirmed outcome”. Please note that the report and detailed medical information will only be shared with your permission.
For you to be referred for medical examination for the purposes of producing a report that will assist in the determination of police injury benefits or police staff/officer ill health benefits.
If you require us to disclose your personal data to other people or organisations such as a company handling a claim on your behalf.

You are free at any time to change your mind and withdraw your permission, for the above processes. This can be done verbally or in writing.

If you withdraw your permission although the confidential medical information will not be shared, it will still be held in your clinical record under the lawful bases outlined above.

How long does Warwickshire Police retain personal information obtained for the HR and OH process?

The Force keeps personal information as long as is necessary for the particular purpose or purposes for which it is held. A copy of the Forces Records Retention Schedule is available on the intranet or on request. OH has its own defined and Force agreed retention schedule available on request.

What are my rights under the UK GDPR?

Full details of those rights and how to exercise them can be found in the high-level privacy notice on the website or by emailing: [email protected]

Who can I lodge a complaint with if I am unhappy about the way my personal data is processed by Warwickshire Police?

You may lodge a complaint with the Information Commissioner’s Office. Their contact details are:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113
Website: www.ico.org.uk

You may wish to initially raise any concerns with the Data Protection Officer.

Will my personal data be used for automated decision-making, including profiling?

OHU does utilise some automated assessment processes in regard to the issuing of Fitness Certificates and also work for some health surveillance/ screening activities. Further information is available from OHU on request.

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