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Privacy notice for criminal record information 

What do we use the information for?

For prospective employees/fosterers/adopters or volunteers of the council and those currently employed/fostering or volunteering, we use this information as part of the recruitment process to request a disclosure certificate from the Disclosure and Barring Service (DBS) and use the information contained in it to reach a suitability decision for the specific role or during employment to undertake repeat checks to confirm continued suitability.  

For prospective employees or volunteers of organisations using the council as an umbrella body to process DBS checks and those currently employed or volunteering for such an organisation where repeat checks are required,  we use this information to submit the requested checks to the disclosure and barring service and deal with associated payment of fees and queries on check progress or to assist with disputes when disclosure certificates are inaccurate.

We also use the data to produce reports to monitor the volumes of checks processed and to recharge checks undertaken to the relevant service area, school or organisation.

By virtue of you seeking to be employed or volunteer in a role that legally requires a criminal record check or where the council is allowed to undertake such a check, you are placing yourself under a statutory or contractual obligation to provide data to the council during the criminal record checking process to allow a check to be requested.

You are under no legal obligation to produce your disclosure certificate to the council once the check is completed – this is your decision  to allow your checked result to be recorded and used to make a suitability decision to allow completion of the recruitment process or a decision to be made on continuing suitability for employment/volunteering.

What information do we hold and use?

We collect and process the following personal information relating to applicants for a DBS disclosure:

  • Personal information (such as name, gender, date of birth, place of birth, nationality, National Insurance number and contact details including email address and telephone number)
  • Details of your name and address history 
  • Details of which  identity documents were produced to meet DBS identity checking requirements including passport and driving licence number if produced and the person who carried out the document check
  • Volunteer declaration forms confirming applicants meet the DBS definition of a volunteer
  • Title of position the check is being undertaken for, and the organisation requesting the check, including whether the position is paid or voluntary
  • The level of check being requested, any barred list checks being requested, the form reference number and the date of request
  • Details of any stand alone barred list checks carried out against child or adult barred lists
  • Letters and photographs of applicants as part of undertaking finger printing checks.

Where checks are undertaken for the council for prospective or current employees or volunteers, we will also hold:

  • Copy disclosure certificates for a limited time period (no longer than 6 months) to allow recording of the result of the check and to deal with any queries or disputes on content validity
  • Details of the result of the check – the date of issue of the disclosure certificate, disclosure number and the suitability decision
  • Risk assessment forms completed to reach a suitability decision where applicable
  • Details of membership of the DBS update service and records of online status checks undertaken to verify continued validity of disclosure certificates
  • Records of reimbursements made of fees for the DBS update service
  • Notification letters issued to managers and schools to confirm the result of checks.

For prospective fosterers and adopters or those currently fostering, the council will also hold:

  • Details of household members and regular visitors to assist Humberside police in carrying out a home-based check as part of the DBS check.

For organisations using the council as an umbrella body and where the council undertakes criminal record checks on behalf of individuals in receipt of direct payments seeking to employ carers, contact details will be stored including name, address, telephone number and email address to allow correspondence regarding the checking process and payment of fees.

On what grounds do we use the information?

Criminal record checks are processed for roles which are eligible for a check for the purpose of asking an exempted question under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 or for a prescribed purpose as defined in the Police Act 1997 (Criminal Records) Regulations  2002.

For specified roles, the council is obliged to seek information about criminal convictions and offences. Where the council seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment.

The council does not use automated decision-making in the processing of criminal record information.

How do we collect this information?

The council collects information from the DBS application form you complete, the documentary evidence sheet, volunteer declaration form and any stand alone barred list checks undertaken.

Where checks are undertaken for the council for prospective or current employees or volunteers, we will collect data from your disclosure certificate, risk assessment forms, DBS update service consent form and online status checks carried out via the DBS update service.  

For prospective fosterers and adopters or those currently fostering, a social worker will collect information from you re household members and regular visitors to assist Humberside police in carrying out your DBS check.

Records of risk assessments carried out as part of reaching suitability decisions by managers and schools will be retained centrally by human resources.

For organisations using the council as an umbrella body to request DBS checks and for direct payment users, the contact information we hold will be from forms completed by yourself at the point of registration with us and any updates to these details provided by yourself.

Who do we share your information with?

Where checks are undertaken for the council for prospective or current employees or volunteers or for fostering or adoption, your information may be shared internally for the purposes of reaching a suitability decision. This includes human resources staff, your manager or employing school and other senior managers in your service area/directorate, IT staff working with HR systems and support services staff carrying out tasks for human resources, if access to the data is necessary for the performance of their roles.

The council will share your information with the disclosure and barring service and where necessary providers of services to verify identity documents and provide stand alone barred list checks.  

The council may share your information with other organisations such as the police if relevant to safeguarding concerns or as part of a criminal investigation. 

The organisation will not transfer your data outside the European Economic Area.

How long do we store it and is it secure?

Data will be stored in various systems including your personnel file (for employees) and other IT systems used by HR including databases, shared drives on secure servers and email.

Records of checks undertaken are stored in a database and deleted according to the category of applicant:

  • Details of checks for employees of the council are deleted 6 years after employment ceases for consistency with deletion of other personnel records
  • Details of checks for prospective employees of the council who are not appointed are deleted one year after the check request
  • Details of checks for council volunteers will be deleted 5 years from the check date unless the volunteer is a member of the DBS update service and still actively volunteering in which case the check details will be retained until the volunteer ceases to volunteer
  • Details of checks carried out for organisations under the council’s umbrella body status are be deleted 5 years from the date of the check request.

DBS application forms are sent to the disclosure and barring service with no copies retained, other than a scanned copy of the back page only for checks for volunteers which is retained as evidence that a volunteer (free of charge) check was requested.  The scanned copies are only retained until the invoice from DBS has been processed and any disputes dealt with, which is a maximum of 3 months from date of check request.

Documentary evidence sheets and volunteer declaration forms are destroyed 3 months from date of check request.

Copies of DBS disclosure certificates will be securely destroyed a maximum of 6 months from date of issue – they are only retained to allow a suitability decision to be taken and any dispute re accuracy of content of disclosure certificate to be resolved. 

Any correspondence from the DBS including letters and photographs received as part of finger printing requests, will be securely destroyed it wihin 6 months from date of receipt.

For employees, information on your personnel file and criminal record risk assessment forms will be will be deleted 6 years after your employment with the council ceases.

For prospective fosterers and adopters or those currently fostering, the council will only hold details of household members and regular visitors for the limited period between collection of the data by the social worker and confirmation that the disclosure certificate has been issued as it is only held for the purpose of assisting Humberside police in carrying out a home-based check as part of the DBS check.

Contact detail records for organisations using the council as an umbrella body and for direct payments users will be deleted on receipt of notification that checks will no longer be processed via the council once all outstanding queries/payments have been dealt with.

DBS update service consent forms are retained indefinitely to evidence consent for the council to access records on this online system.

The council has retention schedules in place to ensure that information is only held for as long as it is needed. For information on how long your information will be held visit the retention explained page. 

Details of how we keep your information secure are available on the general  privacy information page.

What rights do you have?

The rights that you have depend upon the grounds upon which your information is collected. All of the rights you could have are outlined on the data protection rights page. 

  • The right of access - You are entitled to see the information we hold about you and can request a copy by emailing data.protection@eastriding.gcsx.gov.uk 
  • The right to rectification - If you believe any information we hold about you to be incorrect, please email disclosure.service@eastriding.gcsx.gov.uk and we will amend the information accordingly. 
  • The right to restrict processing - Should you wish us to limit how we use your data please email disclosure.service@eastriding.gcsx.gov.uk with the reason for your request. 
  • The right to object - In addition to the right to limit the use of your data, you also have a right to object to the use of your data for certain actions.  Should you wish us to limit how we use your data please email disclosure.service@eastriding.gcsx.gov.uk with the reason for your request.

Where can I find out more?

If you want to know more about how the council uses information, your rights or 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. 

Contact details are available on the general privacy information page. 

Alternatively, you can contact the Information Commissioner’s Office.