Privacy Notice - Recruitment
Date of completion of this notice – October 2020
Who we are
The Police Service of Scotland is a constabulary established under the Police and Fire Reform (Scotland) Act 2012. Its headquarters is located at Tulliallan Castle, Kincardine, FK10 4BE, United Kingdom, and you can contact our Data Protection Officer by post at this address, by email at: dataprotection@scotland.pnn.police.uk, and by telephone on 101.
About this notice
This notice is to advise you (you are also referred to as the data subject) of how your personal data (information) will be dealt with (processed) by Police Scotland and your rights in relation to the processing. This notice covers information processed for a non-crime purpose.
The Chief Constable of the Police Service of Scotland is the controller of your personal information and decides the purposes for which your personal information will be processed. Police Scotland can be contacted by telephoning 101.
The information below provides details of:
- our lawful basis for processing personal information
- the types of information we may process for law enforcement purposes
- the categories of individuals affected
- the length of time we will keep the information
- who we may share it with.
Your information may be used when testing new information technology systems.
What is personal data?
“Personal data” is information that can identify you, for example name, address, date of birth. It also includes alleged or actual offending information when processed for non-crime purposes.
There is also another type of personal data which is called “special category personal data”. This is information which relates to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
Purpose and Lawful Basis for Processing etc.
Table A – Applicants for appointment as police constable / special constable continued
Why we process your personal information
Processing applications for the appointment of police constables (with the exception of senior officers) and special constables.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
Initial applications: Includes name, address, date of birth, national insurance number, details of driving licence if held, nationality, residency, employment details, and email address.
Types of personal data when not provided by the person to whom it relates
Referees names and contact details. (Special constables only)
Source of personal data when not provided by the person to whom it relates
Applicant
Why we process your personal information
Processing applications for the appointment of police constables (with the exception of senior officers) and special constables.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
External business interests / secondary employment.
Types of personal data when not provided by the person to whom it relates
Business interests of spouse / civil partner / relative / person living with applicant if applicable.
Name, data of birth of business partner.
Source of personal data when not provided by the person to whom it relates
Applicant
Why we process your personal information
To ensure provision of a guaranteed interview to, and reasonable adjustments for, candidates who meet essential criteria.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Explicit consent / Obligations in the field of employment– Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
Disabilities
Types of personal data when not provided by the person to whom it relates
None
Source of personal data when not provided by the person to whom it relates
None
Why we process your personal information
Equality and diversity monitoring
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Explicit consent / Obligations in the field of employment– Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
Age, gender, nationality, racial / ethnic origin, disability, sexual orientation, and religious or philosophical beliefs.
Types of personal data when not provided by the person to whom it relates
None
Source of personal data when not provided by the person to whom it relates
Applicant
Why we process your personal information
Processing applications for the appointment of police constables (with the exception of senior officers) and special constables.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Explicit consent / Obligations in the field of employment– Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
None
Types of personal data when not provided by the person to whom it relates
Certified fit to perform the duties of a police officer
Source of personal data when not provided by the person to whom it relates
Occupational health provider
Why we process your personal information
Processing applications for the appointment of police constables (with the exception of senior officers) and special constables. – Later stages of recruitment.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
Marital / relationship status, physical description, bank details.
Types of personal data when not provided by the person to whom it relates
Next of kin, emergency contact details, dependants’ / relatives’ details.
Source of personal data when not provided by the person to whom it relates
Applicant
Why we process your personal information
Processing applications for the appointment of police constables (with the exception of senior officers) and special constables.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Explicit consent / Obligations in the field of employment– Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
None
Types of personal data when not provided by the person to whom it relates
Outcome of drug testing on new police officer recruit – pass / fail
Outcome of fitness test i.e. indication of fitness to be a police officer and / or adjustments to be made.
Source of personal data when not provided by the person to whom it relates
Drug testing laboratory
Occupational health provider
Table B – Applicants for appointment as a member of police staff
Why we process your personal information
Processing applications for the appointment as a member of police staff
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
Includes name, address, date of birth, national insurance number, details of driving licence if held, nationality, residency, employment details and email address.
Types of personal data when not provided by the person to whom it relates
None
Source of personal data when not provided by the person to whom it relates
None
Why we process your personal information
Processing applications for the appointment as a member of police staff
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
External business interests / secondary employment.
Types of personal data when not provided by the person to whom it relates
Business interests of spouse / civil partner / relative / person living with applicant if applicable.
Name and date of birth of business partner
Source of personal data when not provided by the person to whom it relates
Applicant
Why we process your personal information
To ensure provision of a guaranteed interview to, and reasonable adjustments for, candidates who meet essential criteria.
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Explicit consent / Obligations in the field of employment – Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
Disabilities
Types of personal data when not provided by the person to whom it relates
None
Source of personal data when not provided by the person to whom it relates
None
Why we process your personal information
Equality and diversity monitoring
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Explicit consent / Obligations in the field of employment – Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
Racial / ethnic origin, disability, sexual orientation, and religious or philosophical beliefs.
Types of personal data when not provided by the person to whom it relates
None
Source of personal data when not provided by the person to whom it relates
None
Why we process your personal information
Processing applications for the appointment as a member of police staff
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Explicit consent / Obligations in the field of employment – Article 9(2)(a) and (b)
Personal and / or special category data provided by the data subject when relevant
None
Types of personal data when not provided by the person to whom it relates
Pre-employment health declaration for applicant when applicant declares a health condition which requires a declaration
Source of personal data when not provided by the person to whom it relates
Occupational health provider
Why we process your personal information
Processing applications for the appointment as a member of police staff
Our lawful basis under the UK General Data Protection Regulation (UK GDPR) for processing
Public task – Article 6(1)(e)
Personal and / or special category data provided by the data subject when relevant
If successful at interview: national insurance number, photographic ID.
Types of personal data when not provided by the person to whom it relates
None
Source of personal data when not provided by the person to whom it relates
None
Keeping and Sharing your Information
Table A above – Police officers and special constables
Type of Information
All information within Table A above and detailed below
Length of time we keep your information Record Retention SOP
Section – Personnel –Recruitment Reference PER-024 and PER-025
Organisations or individuals we may share your information with
For specific details shared, see below.
Type of Information
Name, date of birth, address, email address, phone numbers, national insurance number, driving licence details, nationality.
Description, occupation, marital status, next of kin and dependants’ details, emergency contacts and bank details.
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Scottish Police Authority
Type of Information
Name, date of birth, address, email address, phone numbers, national insurance number,
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Scottish Public Pensions Agency
Type of Information
Name, date of birth
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Occupational health provider
Substance misuse test provider
Type of Information
Name, date of birth, gender, address phone numbers, and the fact that the individual has disability and / or health condition
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Scottish Public Pensions Agency
Table B above – police staff
Type of Information
All information within Table B above and detailed below
Length of time we keep your information Record Retention SOP
Section – Personnel –Recruitment Reference PER-026 to PER-027
Organisations or individuals we may share your information with
For specific details shared, see below.
Type of Information
Name, gender, date of birth, address, email address, phone numbers.
National insurance number, photo ID, next of kin and dependant details, bank details.
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Scottish Police Authority
Type of Information
Name, date of birth. job title, NI number
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Previous employers for references
Type of Information
Name and contact details. Email / telephone number when health condition disclosed which requires a health declaration
Length of time we keep your information Record Retention SOP
N/A
Organisations or individuals we may share your information with
Occupational health provider
Your Rights
You have certain rights in relation to how we process your personal information. These are listed below.
1. Right of access
You can make what is called a subject access request to us.
You are entitled to, amongst other things, a copy of the information we hold on you, although there are exceptions to this. For further information and details on how to make a subject access request please click here.
2. Right to rectification (correction)
We must correct without delay, any personal information we hold on you which is not accurate. If you think anything is wrong, you should contact us by post or e mail, where possible by completing the form on our website telling us what you think is wrong and why. There are exceptions to when we have to correct the information, and you will be advised if we have to apply them. If it is not possible to establish the accuracy of the personal information, we will restrict how we process it, for example restrict who can see your information, or who we disclose it to.
3. Right to erasure or restriction of processing
You have a right to request that we delete your personal information, but this will only be done when we are not legally required to keep it. On occasion it may be more appropriate to restrict how we process it, for example restrict who can see your information, or who we disclose it to. You can find more information on our website here.
4. Right to object
You also have the right to object to the processing we carry out, if our legal basis for doing so, (see the ‘Purpose and basis for processing’ table above), is for carrying out a task in the public interest, exercising our lawful duty or we believe it is in our legitimate interests. You can find more information on our website here.
5. Right to withdraw consent
Where we process your personal information for a particular purpose on the basis of your consent (see the ‘Purpose and basis for processing’ table above), you have the right to withdraw your consent. You can inform us of your wish to withdraw consent by contacting the department to which you originally gave the consent, or by telephoning 101.
The relevant personal data will be destroyed on receipt of the withdrawal of consent unless there is an overriding purpose for continued processing.
You can find more information on your rights here, or by email to information.assurance@scotland.pnn.police.uk.
If we refuse to carry out your requests in full under paragraphs 1 to 5 above, you have the right to ask the Information Commissioner to check whether our decision is correct.
If you are unhappy in any way with how we have dealt with your information, you have the right to complain to the Information Commissioner.
The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
Date of next review of this document – April 2022
