Due to our pandemic response requirements, customers are advised that there may be delays in handling requests for information made under the Freedom of Information (FOI) Act, Environmental Information Regulations (EIR) or the General Data Protection Regulation (GDPR) for subject access requests. We apologise for any inconvenience this may cause.

We have had to change the way that some of our services operate to meet the guidelines set out by the government in response to the Coronavirus pandemic.

These privacy notices set out how Human Resources and Payroll use and handle your information.

We collect and process personal data relating to our HR and Payroll services it provides to its’ external customers.  We are committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information do we need?

We hold details about your employees in relation to the contractual services we provide to you as our customer.  The information we hold about your employees may include their name, contact details, national insurance number, bank details and pay information.  If your employee has used the Occupational Health Service we will also hold and process information relating to any medical conditions they may have and any other information which is relevant to their employment with you. The type of information we collect and process for your employees includes but is not limited to the following:

  • their name, address and contact details, including personal email address and telephone number, date of birth and gender;
  • the terms and conditions of their employment;
  • details of their qualifications, skills, experience and employment history;
  • information about their remuneration, including entitlement to benefits such as pensions;
  • details of their bank account and national insurance number;
  • information about their marital status, next of kin, dependants and emergency contacts;
  • information about their nationality and entitlement to work in the UK;
  • photographic images, where applicable, for security/ID and recruitment checks;
  • information about their criminal record (if applicable to their job role);
  • details of their schedule (days of work and working hours) and attendance at work;
  • details of periods of leave taken by them, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
  • details of any disciplinary or grievance procedures in which they have been involved, including any warnings issued to them and related correspondence;
  • assessments of their performance, including appraisals, performance reviews and ratings, training they have participated in, performance improvement plans and related correspondence;
  • information about medical or health conditions, including whether or not they have a disability for which the organisation needs to make reasonable adjustments;
  • details of trade union membership; and
  • equal opportunities monitoring information, including information about their ethnic origin, sexual orientation, disability, health and religion or belief.

Why we need it?

The processing of your employees’ personal information within HR and Payroll is necessary for the performance of the contract we have with you as our customer and to ensure that we are complying with our legal obligations under the contract for services.  Without your employees’ personal data we would not be able to provide certain services such as paying them or providing adequate support to them or to you in relation to any HR matters. 

We process personal data before, during and after the end of an individual’s employment in order to remain compliant with the law and to ensure best practice.  This is for a range of different purposes including but not limited to: recruitment and selection, conduct and performance, absence management, maintaining and promoting equality in the workplace and responding to legal claims. 

In respect of the health information we hold, this is necessary for the purposes of preventive or occupational medicine or for the assessment of your employees’ working capacity to make sure that we can advise you in putting appropriate measures in place to support them in the workplace.

Any information collected about race or ethnic origin, religious beliefs and sexual orientation are done so for the purpose of substantial public interest because we have a statutory requirement to publish on an annual basis equality information which includes information about your employees who share protected characteristics under the Act.

Do we share your employees' Information

We do not trade personal data for any commercial purpose, however we will share your employees’ personal information with central government departments such as HMRC and DWP.  You should also be aware that information about your employees, held on our Payroll system, may be used to prevent and detect fraud.  We have a duty under the Crime and Disorder Act 1988 to share information with other organisations, which handle public funds. 

We will share your employees’ personal information with Devon County Council for the purpose of administering the pension scheme, where applicable.

HR has various Service Level Agreements with third party suppliers who assist us in delivering services on our behalf such as IMASS, Due Diligence Company and Learning Pool.  We will share your employees’ personal information with IMASS for the purpose of administering pre-employment checks and occupational health referrals; Due Diligence Company for administering criminal record checks and Learning Pool in relation to learning and development records and appraisals, where applicable. If we change a third party supplier and are required to transfer your employees’ personal information from one third party supplier to another we will seek yours and their consent to do so.

Outside of the above we will only disclose your employees’ personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your employees' information

Your employees’ HR and payroll information will be kept in accordance with our records retention schedule.

We collect and process personal data relating to our current and former employees to manage the employment relationship. It is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information do we need?

We hold details about you as an employee such as your name, contact details, national insurance number, bank details and pay information. If you have through the Occupational Health Service we will also hold and process information relating to any medical conditions you may have and any other information which is relevant to your employment with the council. The type of information we collect and process for you includes but is not limited to the following:

  • your name, address and contact details, including personal email address and telephone number, date of birth and gender;
  • the terms and conditions of your employment;
  • details of your qualifications, skills, experience and employment history;
  • information about your remuneration, including entitlement to benefits such as pensions;
  • details of your bank account and national insurance number;
  • information about your marital status, next of kin, dependants and emergency contacts;
  • information about your nationality and entitlement to work in the UK;
  • photographic images, where applicable, for security/ID and recruitment checks;
  • information about your criminal record (if applicable to your job role);
  • details of your schedule (days of work and working hours) and attendance at work;
  • details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
  • details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
  • assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence;
  • information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments;
  • details of trade union membership; and
  • equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, disability, health and religion or belief.

Why we need it?

We do not trade personal data for any commercial purpose, however we will share your personal information with central government departments such as HMRC and DWP. You should also be aware that information about you, held on our Payroll system, may be used to prevent and detect fraud. We have a duty under the Crime and Disorder Act 1988 to share information with other organisations, which handle public funds. 

We will also share your personal information with Devon County Council for the purpose of administering the pension scheme if you are part of this scheme.

HR has various Service Level Agreements with third party suppliers who assist us in delivering services on our behalf such as IMASS, Due Diligence Company and Learning Pool.  We will share your personal information with IMASS for the purpose of administering pre-employment checks and occupational health referrals; Due Diligence Company for administering criminal record checks and Learning Pool in relation to your learning and development records and appraisals. If we change a third party supplier and are required to transfer your personal information from one third party supplier to another we will seek your consent.

Outside of the above we will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

Do we share your information?

We do not trade personal data for any commercial purpose, however we will share your personal information with central government departments such as HMRC and DWP. You should also be aware that information about you, held on our Payroll system, may be used to prevent and detect fraud. We have a duty under the Crime and Disorder Act 1988 to share information with other organisations, which handle public funds. 

We will also share your personal information with Devon County Council for the purpose of administering the pension scheme if you are part of this scheme.

HR has various Service Level Agreements with third party suppliers who assist us in delivering services on our behalf such as IMASS, Due Diligence Company and Learning Pool. We will share your personal information with IMASS for the purpose of administering pre-employment checks and occupational health referrals; Due Diligence Company for administering criminal record checks and Learning Pool in relation to your learning and development records and appraisals. If we change a third party supplier and are required to transfer your personal information from one third party supplier to another we will seek your consent.

Outside of the above we will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

Your HR and payroll records will be kept in accordance with our records retention schedule.

Like all other Local Authorities’ and organisations, the Council collects and processes personal data relating to its current and former Agency Workers as well as its customers and partner agencies. It is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

Some of this personal data may need to be retained and/or disclosed to third parties after your temporary assignment with the Council ceases, for operational or legal reasons.

What information do we need?

We hold details about you such as your name, contact details, national insurance number. The Council is what is known as the ‘Data Controller’ for the personal data we process about you and are registered with the Information Commissioner’s Office. The type of information we collect and process for you includes but is not limited to the following:

  • your name, address and contact details, and telephone number, date of birth and gender;
  • start date;
  • details of your qualifications, professional memberships, skills, experience and employment history;
  • references and other information included in a CV;
  • information about your pay rate, details of your national insurance number;
  • information about your nationality and entitlement to work in the UK;
  • location of engagement or workplace
  • photographic images, where applicable, for security/ID and recruitment checks;
  • information about your criminal record (if applicable to your job role);
  • assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence;
  • information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments;
  • equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, disability, health and religion or belief
Why we need it?

The processing of your personal information is necessary for the performance of the contract we have entered into with you or the employment agency or intermediary through whom you are working to ensure that we are complying with our legal obligations, but is not limited to the following:

  • making a decision about your engagement
  • determining the terms on which you are engaged to work for us
  • making decisions about the terms of your engagement
  • making decisions about your continued engagement
  • making arrangements for the termination of the engagement
  • paying you or any agency or intermediary
  • assessing your suitability or qualification’s for a particular job or tasks

The Council processes personal data before, during and after the end of your engagement in order to remain compliant with the law and to ensure best practice. This is for a range of different purposes including but not limited to - recruitment and selection, conduct and performance, absence management, maintaining and promoting equality in the workplace and responding to legal claims.

Information collected about race or ethnic origin, your religious beliefs and your sexual orientation are done so for the purpose of substantial public interest because the council has a statutory requirement under the Equality Act to publish on an annual basis Equality Information which includes information about our employees who share protected characteristics under the Act.

Do we share your information?

We do not trade personal data for any commercial purpose. However, your personal data could be shared with other organisations under the National Fraud Initiative in order to prevent and detect fraud and protect public funding.

Torbay Council has various Service Level Agreements with third party suppliers who assist us in delivering services on our behalf such as Learning Pool and Edenred. We will share your personal information with Learning Pool in relation to your learning and development records and appraisals; Edenred in relation to your Employee Benefits account. If we change a third party supplier and are required to transfer your personal information from one third party supplier to another we will seek your consent.

Outside of the above, we will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

Information on Agency Workers is held for six years after the last date of engagement or twenty-five years for those who work with children.

What are your rights?

At any time you can request to have a copy of the information Torbay Council holds about you, and if you feel the information we process about you is incorrect you can request to have it corrected or deleted. Under the provisions of the GDPR 2018 your rights are as follows:

  • Notification;
  • Access;
  • Rectification;
  • Erasure;
  • Restriction;
  • Portability;
  • Objection

Further information about these rights can be found in our Information Rights Policy.

If you wish to exercise any of your rights please contact infocompliance@torbay.gov.uk

You can contact our Data Protection Officer by emailing infocompliance@torbay.gov.uk

If you are not happy with the way the Council has handled your personal information, please contact us so that we deal with your complaint. However, you can also raise a complaint with the Information Commissioner’s Office, contact details can be found on their website.