Fair Processing Notice (Applicant)
1. About this document
During the course of our activities we, NAHL Group plc (“the Group” of which National Accident Helpline, Fitzalan Partners Limited and Searches UK Limited and Bush & Company Rehabilitation Limited are part) will process personal data (which may be held on paper, electronically, or otherwise) about our applicants and we recognise the need to treat it in an appropriate and lawful manner, in accordance with the Data Protection Act 1998 (DPA). The purpose of this notice is to make you aware of how we will handle your personal data.
1.2 This notice does not form part of any employee's contract of employment and we may amend it at any time.
2. Data protection principles
2.1 We will comply with the eight data protection principles in the DPA, which say that personal data must be:
(a) processed fairly and lawfully;
(b) processed for limited purposes and in an appropriate way;
(c) adequate, relevant and not excessive for the purpose;
(e) not kept longer than necessary for the purpose;
(f) processed in line with individuals' rights;
(g) secure; and
(h) not transferred to people or organisations situated in countries without adequate protection.
2.2 "Personal data" means recorded information we hold about you from which you can be identified. It may include contact details, other personal information, photographs, expressions of opinion about you or indications as to our intentions about you. "Processing" means doing anything with the data, such as accessing, disclosing, destroying or using the data in any way.
3. Fair and lawful processing
3.1 We will usually only process your personal data for our legitimate interests, namely staff recruitment. If your application is successful, that data contained within the application form will, together with other data collected during any induction, continue to be processed for the purposes of performing your contract, where you have given your consent or where the processing is necessary to comply with our legal obligations. In other cases, processing may be necessary for the protection of your vital interests, for our legitimate interests or the legitimate interests of others. The full list of conditions is set out in the DPA.
3.2 We will only process "sensitive personal data" about ethnic origin, political opinions, religious or similar beliefs, trade union membership, health, sex life, criminal proceedings or convictions, where a further condition is also met. Usually this will mean that you have given your explicit consent, or that the processing is legally required for employment purposes. The full list of conditions is set out in the DPA.
4. How we are likely to use your personal data
4.1 We will process data about the applicant for legal, personnel, administrative and management purposes and to enable us to meet our legal obligations as a potential employer. For example to ensure transparency during the recruitment process. This may include the transfer of your data to other companies in the Group.
4.2 We may process sensitive personal data relating to applicants including, as appropriate:
(a) information about an applicant's physical or mental health or condition in order to take decisions as to the employee's fitness for work;
(b) the applicant's racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation; and
(c) in order to comply with legal requirements and obligations to third parties.
5. Processing for limited purposes
We will only process your personal data for the specific purpose or purposes notified to you or for any other purposes specifically permitted by the DPA.
6. Adequate, relevant and non-excessive processing
Your personal data will only be processed to the extent that it is necessary for the specific purposes notified to you.
7. Accurate data
We will keep the personal data we store about you accurate and up to date. Data that is inaccurate or out of date will be destroyed. Please notify us if your personal details change or if you become aware of any inaccuracies in the personal data we hold about you.
8. Data retention
We will not keep your personal data for longer than is necessary for the purpose. This means that data will be destroyed or erased from our systems when it is no longer required. Data contained in the application form completed by an unsuccessful applicant will be destroyed after a period of 6 months following the date of notification to you that your application has been unsuccessful.
9. Processing in line with your rights
You have the right to:
(a) request access to any personal data we hold about you;
(b) prevent the processing of your data for direct-marketing purposes;
(c) ask to have inaccurate data held about you amended;
(d) prevent processing that is likely to cause unwarranted substantial damage or distress to you or anyone else; and
(e) object to any decision that significantly affects you being taken solely by a computer or other automated process.
9. Data security
9.1 We will ensure that appropriate measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
9.2 We have in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. We will only transfer personal data to a third party if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
9.3 Maintaining data security means guaranteeing the confidentiality, integrity and availability (for authorised purposes) of the personal data.
10. Providing information to third parties
We will not disclose your personal data to a third party without your consent unless we are satisfied that they are legally entitled to the data. Where we do disclose your personal data to a third party, we will have regard to the eight data protection principles.
11. Subject access requests
If you wish to know what personal data we hold about you, you must make the request in writing to the Group HR Director, at: Bevan House, Kettering Parkway, Kettering Venture Park, Kettering, Northamptonshire, NN15 6XR
12. Breaches of data protection principles
If you consider that the data protection principles have not been followed in respect of personal data about yourself or others you should raise the matter with your manager and the following individuals respective to the Company you are employed by:
National Accident Helpline: Jonathan White, Legal Director
Fitzalan Partners Limited: Richard Rickwood, Managing Director
Searcher UK Limited: Faye Stenning, Risk & Compliance Director.
Any breach of the DPA will be taken seriously and may result in disciplinary action.