Employment — Scotland Excel privacy notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Personal data is processed in order to manage the contract with an employee, specifically in relation to Stirling Council employees that are managed by Scotland Excel

This includes:

• Contractual changes, fulfilling employees contractual requirements,
• Organisational structure (select information only)
• Emergency Contact Information
• Health & Safety
• Communication regarding emergency situations, such as adverse weather warning.
• Pension LGPS

• Telephone & mobile numbers
• Email address
• Home or correspondence address
• Qualifications
• Ethnicity
• Proof of legal right to work in the UK
• Fitness to work form ( health information)
• NI details
• Disclosure Scotland Information
• Emergency Contact details: next of kin & GP
• Absence information, including absence reason
• Discipline & Grievance information
• Secondary Employment

Special Category Data 

• Health (physical or mental)
• Racial or ethnic origin
• Religious or philosophical beliefs

During COVID-19, we may capture additional health data relating to your COVID-Age to help support your return to work.

GDPR Article 6 (1)(b)‘Contract’ due to the contractual duties required to fulfil Scotland Excel obligations to manage Stirling Council staff.

GDPR Article 9(2)(b) 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 and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject.

• Occupational Health
• PVG/Disclosure Scotland
• Pensions
• Line managers

Personal data can also be passed to us from other organisations due to an Occupational Heath contract or other disclosures led by legislation.  

• iTrent – People Manager and ERIN Itrent is a hosted system held on secure data servers
• Cyborg – for historical data only
• Paper employee files held within Stirling Council
• OHIO- Occupational Health System
• My Lo
• Health & Safety database
• Council network drives
• Email system

There are different retention rules in place for different types of employee files.  

Standard files are retained for 7 years after the termination of the contract of employment. Where employees have worked with children or vulnerable adults, or have been subject to health surveillance, then retention rules are longer.

Data captured as part of COVID-19 will be kept only as long as required to support staff during this period.

• For those employees managed by Scotland Excel, the data stated within this notice will be shared with them.
• External legal
• Pensions SPPA & LGPS
• External Audit
• Occupational Health
• Gateway shared Services which includes Work IT, Plan IT & CPD Manager
• Contact details shared between ERIN to Vantage Point

Personal email address or personal mobile numbers on Erin will be used for booking and attendance of course, qualification, professional registration.  As well as creation and maintain an account in our online Learning Portal.  Details will be shared to complete the annual employee survey and used in the event to communicate emergency situations. 

Details may be shared with third party retail suppliers for office equipment at home. 

We are also legally obliged to share certain data with other public bodies, such as DWP, HMRC & Police and will do so where the law requires this. We will also generally comply with requests from specific information from other regulatory and law enforcement bodies where this is necessary and appropriate. 

During COVID-19, data relating to your COVID-Age may be shared with your line manager, Health & Safety Team or Occupational Health.

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

Access to your information

You have the right to request a copy of the personal information that we hold about you. This is known as a subject access request and is free of charge.  We must respond within one month, although this can be extended to three months if the information is complex.

Correcting your information

We want to make sure that your personal information is accurate, complete and up to date. Therefore you may ask us to correct any personal information about you that you believe does not meet these standards.

Deleting your information

You have the right to ask us to delete personal information about you where:

• you think that we no longer need to hold the information for the purposes for which it was originally obtained
• we are using that information with your consent and you have withdrawn your consent - see the 'withdrawing consent to using your information' section below.  Please note that in general we do not rely on consent as the legal basis for processing your personal information
• you have a genuine objection to our use of your personal information - see 'objecting to how we may use your information' below
• our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information

You have the right at any time to tell us to stop using your personal information for direct marketing purposes, profiling or research purposes. 

Restricting how we may use your information 

In some cases, you may ask us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information that we hold about you or we are assessing the objection you have made to our use of your information. 

This right might also apply if we no longer have a basis for using your personal information - but you don't want us to delete the data.  Where this right is realistically applied will mean that we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Withdrawing consent to use your information

Where we use your personal information with your consent, you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Your request to transfer your data

If we are processing your personal information with your consent or as part of a contract with you, and it is held in an accessible and machine-readable format, you have a right to ask us to transmit it to another organisation. This is known as the right to data portability.

Our profiling or automated decision-making processes

We make some use of automated decision-making processes but very little use of profiling.  Where these techniques are used, this will be explained in the specific privacy statements relating to those functions, together with a description of the reason involved in any automated decision-making.

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.