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Human Resources Department's privacy policy and retention schedule

The Human Resources Department is part of the Chief Minister's Department and we are registered as a 'Controller' under the Data Protection (Jersey) Law 2018 as we collect and process personal information about you.

We process and hold your information on behalf of the States Employment Board.  As employers, we process and hold your personal information to meet our obligations under the employment contract we have with you and to meet our statutory obligations under various legislation including (but not limited to) the Employment of States of Jersey Employees (Jersey) Law 2005, Employment (Jersey) Law 2005, Employment Relations (Jersey) Law 2007. This notice explains how we use and share your information. Information may be collected on a paper or online form, by telephone, email, or by a member of our staff, or in some cases, by another States department.

We will continually review and update this privacy notice to reflect changes in our services and feedback from employees, as well as to comply with changes in the Data Protection Law, or other applicable legislation.

What information do we collect about you?

We collect the following types of information about you:

Recruitment process, pre-employment and pay

  • name (including title)
  • address
  • telephone number
  • email address
  • bank account details
  • social security number / ITIS Rate
  • date of birth
  • residential status
  • employment history (completed as required) – including:
    • job title
    • start / end date
    • name of organisation
    • address of organisation
    • final salary
    • description of responsibilities
    • reason for leaving
    • notice period
  • gaps in employment history and reasons why
  • previous States of Jersey employment and reasons for leaving
  • educational qualifications
  • professional qualifications
  • membership of relevant professional bodies
  • previous Salary details
  • references
  • disability
  • self disclosure
  • previous disciplinary procedures
  • criminal investigations
  • optional data provided:
    • cultural and ethnic origin
    • gender
    • long-term disability, physical or mental impairment

Employment lifecycle

  • probation reports
  • records of accidents and injuries, compensation case files
  • records relating to case management (ie disciplinary, grievance)
  • records of time and attendance
  • occupational Health
  • disclosure information
  • training
  • performance review and appraisals
  • leaver information

Why do we collect information about you?

We need to collect and hold information about you, for the following reasons:

Recruitment

Job applications

You will be asked to provide personal information to support your application and to enable us to be able to contact you.  Personal information provided will allow us to determine your eligibility and suitability for the role.  This will include personal information we need to enable us to select the right candidate for the role, and will include things such as past employment details, educational qualifications and skills.  If you are successful in the employment process, any personal information provided to us will then form part of your HR record which we would hold.  Unsuccessful candidates’ information will be held in line with our retention schedule and then deleted.

Pre-employment

Prior to you starting work with us or changing roles, we may use your personal information to enable us to carry out pre-employment checks for the role you have applied for which will include criminal record checks, rights to work checks and to verify references to conform with safeguarding standards.   Once pre-employment checks have been undertaken, we will then provide you with a contract of employment.

Payroll and Human Resources

Pay and any associated contractual benefits

We will use your bank details and social security number so that we can make salary payments, pension deductions, pay tax and social security contributions.  We may also share your personal information with external service providers who manage functions on our behalf under relevant contracts.

Aspects of your employment

The personal information we collect and use during your employment lifecycle will include (or be included in) information about your performance at work (eg performance reviews, records of your training and other compliance requirements), workforce management, succession or other forecasting information, information about absence history including sickness absence, requests for unpaid leave, accident at work records, Occupational Health Service reports, accident reports and notes of management interview, time and attendance, leaver information and exit interview notes.   We will use pseudonymised information for Freedom of Information requests.

Employment or work related claims

Any workplace process including but not limited to disciplinary, grievance, absence management etc will be used in case management (internal process), cases of employment tribunals or any case where the employer may need to use evidence to defend a claim

How will we use the information about you?

We will use the information you provide in a manner that conforms to the Data Protection (Jersey) Law 2018.

We may not be able to employ you or your pay may not be accurate unless we have the relevant information.

We will endeavour to keep your information accurate and up to date and not keep it for longer than is necessary. In some instances the law sets the length of time information has to be kept. Please ask to see our retention schedules for more detail about how long we retain your information.

We may not be able to provide you with a service unless we have enough information or your permission to use that information.

We will not pass any personal data on to anyone outside of the States of Jersey, other than those who either process information on our behalf, or because of a legal requirement, and we will only do so, where possible, after we have ensured that sufficient steps have been taken by the recipient to protect your personal data.

We will not disclose any information that you provide 'in confidence', to anyone else without your permission, except in the few situations where disclosure is required by law, or where we have good reason to believe that failing to share the information would put someone else at risk. You will be told about this unless there are exceptional reasons not to do so.

We do not process your information overseas using web services that are hosted outside the European Economic Area.

Data sharing

We may need to pass your information to other States of Jersey (SOJ) departments or organisations to meet our obligations. These departments and organisations are obliged to keep your details securely, and only use your information for the purposes of processing your information for our purposes. 

We share your data with the following organisations and departments:

  • Payroll and Pensions (Treasury and Resources Department, Social Security Department)
  • Law Officers' Department (Legal
  • AXA PPP Healthcare (Occupational Health) (joint controller and data processor)
  • Cardinus (Health & Safety)
  • Virtual College (online e-learning)
  • External Lawyers (Legal)
  • GB Group (disclosures)
  • Unions (partnership working)

We may disclose information to other departments where it is necessary, either to comply with a legal obligation, or where permitted under other legislation. Examples of this include, but are not limited to: where the disclosure is necessary for the purposes of the prevention and/or detection of crime; for the purposes of meeting statutory obligations; or to prevent risk of harm to an individual, etc.

At no time will your information be passed to organisations for marketing or sales purposes or for any commercial use without your prior express consent.

Publication of your information

We may need to publish your information on our website and/or another publication for the following reasons:

  • where we are required by law to publicise certain information, for example in annual reports:
    • salary bands in the public accounts which are matched to job title for those earning over 100K per year
    • Jersey Appointments Commission
    • States Employment Board
  • in the interests of demonstrating a fair and transparent decision making process, for example publishing pseudonymised information on States of Jersey Freedom of Information Disclosure Log
  • where we are required to provide statistical information about a group of people; although your data will be anonymised to protect your identity
  • where you have responded to a public consultation, although your comments will be anonymised to protect your identity

We will not publish any of your sensitive personal information unless there is a requirement for us to do so in order to carry out our statutory functions.

Email

If you email us we may keep a record of your email address and a copy of the email for record keeping purposes.

We do include confidential information about you in  emails we send to you and to others. We keep the amount of confidential information sent via email to a minimum.

We will not share your email address or your email contents unless is it necessary for us to do so; either to fulfil your request; to comply with a legal obligation, or where permitted under other legislation.

Telephone calls

We do not record but may monitor for training, quality and consistency  of the service received. If you leave a message on our voicemail systems your message will be kept until we are able to return your call or make a note of your message. File notes of when and why you called may be taken for record keeping purposes. 

We will not pass on the content of your telephone calls, unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.

How secure is information about me?

We work to protect the security of your information by using Secure Sockets Layer (SSL) software, which encrypts information you provide.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable employee information.

Your rights

You can ask us to stop processing your information

You have the right to request that we stop processing your personal data in relation to any of our services. However, this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement.

You can withdraw your consent to the processing of your information

In the few instances when you have given your consent to process your information, you have the right to withdraw your consent to the further processing of your personal data.  However, this may cause delays or prevent us delivering a service to you. We will always seek to comply with your request but we may be required to hold or process your information in order to comply with a legal requirement.

You can ask us to correct or amend your information

You have the right to challenge the accuracy of the information we hold about you and request that it is corrected where necessary. We will seek to ensure that corrections are made not only to the data that we hold but also any data held by other organisations/parties that process data on our behalf.

You request that the processing of your personal data is restricted

You have the right to request that we restrict the processing of your personal information. You can exercise this right in instances where you believe the information being processed in inaccurate, out of date, or there are no legitimate grounds for the processing. We will always seek to comply with your request but we may be required to continue to process your information in order to comply with a legal requirement.

You can ask us for a copy of the information we hold about you

You are legally entitled to request a list of, or a copy of any information that we hold about you. You can submit a subject access request (SAR) using our online form

However where our records are not held in a way that easily identifies you, for example a land registry, we may not be able to provide you with a copy of your information, although we will do everything we can to comply with your request.

Complaints

If you have an enquiry or concern regarding the States of Jersey processing your personal data you can:

  • call +44 (0) 1534 440107
  • email the Data Protection Team
  • write to The Data Protection Team, Cyril Le Marquand House, The Parade, St Helier, Jersey, JE4 8QT

You can also complain to the Information Commissioner about the way your information is being used by:

  • calling +44 (0) 1534 716530
  • writing to Office of the Information Commissioner, One Liberty Place, Liberty Wharf, La Route De La Liberation, St Helier, Jersey, JE2 3NY
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