This notice provides details of what information we collect from you, what we do with it and who it might be shared with.
Identity and contact details of the controller and the data protection officer
Falkirk Council is the data controller. You can contact the data protection officer at:
Frequently asked questions
Why do we collect this information?
Throughout the period of your application for employment, and for as long as is necessary after that, we will process personal data about you for the purposes connected with your application for employment.
The information is being collected for the following purposes:
- Recruitment and selection including making decisions about employing you
- Equalities Monitoring to maintain and promote equality in the workplace
The legal basis for each purpose is set out below:
|Performance of a contract
|Task carried out in the public interest
What information do we collect about you?
- Your name, address and contact information including email address and telephone number,
- Equality monitoring information including information about your ethnic origin, sexual orientation, health and religion or belief*
- Disability Status
- Whether you are a looked after child, in continuing care or a care leaver (up to age 26)
- Information about your eligibility to work in the UK
- Details of your qualifications, skills, experience and employment history, including start and end dates with previous employers and details of any professional body memberships
If you are invited for interview, we will also collect:
- Your national insurance number
- Evidence of your eligibility to work in the UK
- Copies of your identity documents
- Your PVG Membership details
- Copies of your qualifications including driving licence details where necessary
- Details of your professional memberships and qualifications including membership numbers
- Details of your registration with professional bodies including membership/registration numbers
If you are the preferred candidate, we will also collect:
- References from previous employers and other referees you have given us permission to contact
- Information about your criminal record where this is required for your post
- Information about your medical or health conditions*, including whether or nor you have a disability for which we need to make reasonable adjustments including occupational health information
- Any other information you have given to us
*Some special categories of personal data, such as information about health or medical conditions is processed to carry out employment law obligations (such as those in relation to individuals with disabilities and for health and safety purposes).
*Where you provide other special categories of personal data, such as information about ethnic origin, religious belief, disability, sexual orientation or transgender status, this is done to allow us to better perform the equality duty. Equal opportunities statistical data is anonymised. You are entirely free to decide whether or not to provide such data and there are no consequences of not doing so.
Where do we collect information from?
We collect information from you:
- Through paper, electronic and telephone correspondence with you, through forms you have completed and interviews, tests and assessment centres you have attended
- From application forms on recruitment websites such as but not limited to MyJobScotland
- From your passport, driving licence or other identity documents
In some cases, we collect personal data about you from third parties such as
- Referees who you have given us permission to contact including previous employers
- Criminal record check providers such as Disclosure Scotland as permitted by law
- Medical professionals including our Occupational Health provider
- Professional bodies such as but not limited to the General Teaching Council for Scotland and the Scottish Social Services Council
Who might we share your information with?
We will not share your information internally unless this is necessary for the performance of duties and council business.
- Any person we appoint to provide services to or on behalf of us. This includes those who process data on our behalf who can be involved in delivering or assisting in or advising on the provision or implementation of benefits in connection with your recruitment including occupational health and companies delivering interview assessments such as psychometric testing
- NHS Forth Valley where the post is part of the Integrated Joint Board
- Other employer organisations where there are shared service or supervision arrangements in connection with the post is
- UK Visas & Immigration
- Any person to which we are legally obliged to disclose any of your personal data
- Our professional advisers
The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and/or for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime.
Do you use any automated processes to make decisions about me?
The Council does not use profiling or automated decision-making processes in relation to employees. Some processes are semi-automated (such as psychometric testing) but a human decision maker will always be involved before any decision is reached in relation to you.
Will we send your information outwith the UK?
We do not transfer your information outwith the UK.
How long do we keep hold of your information?
We keep your information for as long as necessary to fulfil the purposes we collected it for. We anticipate this will be:
- 6 months after the recruitment process has closed if you are unsuccessful
- If you become an employee, your data will be handled in line with our employee privacy notice
Information on the Myjobscotland website will be retained for 5 years if you are unsuccessful or for 7 years if you are successful.
Do I have to provide my personal data to you?
Where the data is needed to enter into a contract with you, or carry out that contract, if you do not provide this date we may not be able to enter into, or continue, the contract.
In some circumstances, the provision of your data is a statutory requirement. This includes:
- Documentation confirming your right to work in the UK – if you don't provide this, we may not be able to employ you, or we may need to terminate your contract.
- Completing a criminal records check through Disclosure Scotland where the post requires this
- For registration with relevant professional bodies where the post requires
You do not need to provide us with equality monitoring data (ethnic origin, religion, disability, sexual orientation or transgender status) however if you do so this will be held in the strictest confidence and used to help us comply with our Public Sector Equality Duty.
What are my rights in relation to the information held about me?
You have the following rights:
- To see any information held about you by making a subject access request.
- To withdraw consent at any time, where the legal basis for processing is consent.
- To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
- To request rectification or erasure of your information, where data protection legislation allows this.
Do I have a right to complain about the way information has been used?
If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:
This notice was last updated in May 2018.