DBS privacy notice

Who will own my data once I submit It?

Cheshire West and Chester Council

Why do you need my information?

The type of DBS check we carry out will depend on the type of job you are applying for at the Council.

When we collect and use your information for a basic DBS check, we need this to:

Carry out basic disclosure checks on confirming whether you have any unspent criminal convictions or conditional cautions on your criminal history in order to make an informed hire and prevent the hiring of unsuitable candidates around vulnerable groups.
Send you an email with a username and password for you to log into our secure website to complete and submit your application form online. As part of this process you must present two ID documents to our ID verifier, who will log into our secure website and confirm which documents have been seen and verified.
A basic DBS check shows us details of unspent convictions, cautions, reprimands and final warnings held on police records.

When we collect and use your information for a standard DBS check, we need this to:

Carry out an in-depth background check to verify if you are suitable to hire for work in a certain industry such as;
Health and Social Care
Financial Services and Accountancy
Childcare
Education
Legal
Schools
A standard DBS check shows us details of all cautions, warning, reprimands, as well as spent and unspent convictions held on an individual’s criminal record.

When we collect and use your information for an Enhanced DBS check for applicants regularly caring for, training, supervising or being solely in charge of children, specified activities with adults in receipt of health care or social care services, we need this to:

Carry out a full detail check of your criminal record, including cautions, warnings, and reprimands, spent and unspent convictions. We can also search the children and vulnerable adults ‘barred list’ to see if you are prohibited from working with these groups. In some circumstances we may also need to check police records who can also add any relevant information about you if you are applying for a role in the sections listed above.

Your DBS check will be sent directly to you and you will be asked to show the certificate to your Hiring Manager. They will only note the DBS reference number; they will not retain a copy of the document.

The information that we collect about you is:

Information about you, this could include your name, address, date and place of birth for the last 5 years and your email address.
Employment history
The IP address that you accessed any of our online services from.

We also collect criminal offence data under the Data Protection Act 2018, Schedule 1, Part 3, Paragraph 36.

What allows you to use my information?

When we collect and use your personal information for basic, standard and enhanced DBS checks, we do so under a contract with you.

Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:

We have a contractual obligation
We have a legal obligation

When we collect and use your personal information for basic, standard and enhanced DBS checks, the legislation, policies and guidance that allow us to do this includes but is not limited to:

General Data Protection Legislation Article 6 part b
General Data Protection Legislation Article 6 part c
Data Protection Act 2018, Schedule 1, Part 3, Paragraph 36
Equality Act 2005
Safeguarding Vulnerable Groups Act 2006
Rehabilitation of Offenders Act 1974
The DBS/Disclosure Scotland (DS) Code of Conduct
The Human Rights Act 1998

Who will my information be shared with?

Your information will be shared with Atlantic Data Ltd to process your DBS check.

Do I have to provide this information and what will happen if I don’t?

If you do not provide us with your information we will be unable to process your DBS check, either for your new appointment or a renewal of your DBS check. If your job role requires a DBS check, there is no right to the refusal of this processing. If you do not provide this information, we will be unable to obtain a DBS check and this may affect your job offer or current employment.

How long will you keep this data for and why?

Routine disclosure and barring service (DBS) checks made during employment where required by nature of job role will be kept for 6 years then securely destroyed based on the Limitation Act 1980 s.5, CIPD guidance, Home Office Code of Practice for Registered Persons and the Information Commissioners Office, Employment Practices Codes.

If your role involves the issuing of permits for the chaperones of children engaged in performing arts, we will keep your information for 25 years until the child’s 25^th birthday and review based on CWAC best practice.

If your role involves working with children or vulnerable adults, we will keep your information for 25 years then review based on the Home Office Code of Practice for Registered Persons and the Information Commissioners Office, Employment Practice Codes.

How will my information be stored?

Your information will be stored securely within Cheshire West and Chester Council’s IT network. Measures will be put in place to protect against unauthorised and unlawful access, processing or disclosure.

Your rights

Under data protection legislation you have the right to request access to the information that we hold about you.

To request a copy of your data or ask questions about how it is used, please read the Data Protection and Your Rights page on this website by following the link to the page below and then submit your request by following your preferred method of contact in the 'How do I ask for my personal information' section.

In certain circumstances, under data protection legislation, you may also have the right to.

Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to data portability - You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

To make a request follow the instructions on the Data Protection for you webpage below.

Data Protection for you

Who can I complain to if I am unhappy about how my data is used?

You can complain directly to the Council You can complain directly to the Council's Data Protection team by email or post.

Email: dpo@cheshirewestandchester.gov.uk
By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

You also have the right to complain to the Information Commissioner’s Office using the following details:

By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 08456 30 60 60

Information Commissioner's Office (ICO) website