Job Applicants/Potential Job Applicants

Privacy Notice - Job Applicants/Potential Job Applicants

Part 1: Generic Privacy Notice Information

Durham University has a responsibility under data protection legislation to provide individuals with information about how we process their personal data. We do this in a number of ways, one of which is the publication of privacy notices. Organisations variously call them a privacy statement, a fair processing notice or a privacy policy.

To ensure that we process your personal data fairly and lawfully we are required to inform you:

Why we collect your data
How it will be used
Who it will be shared with

We will also explain what rights you have to control how we use your information and how to inform us about your wishes. Durham University will make the Privacy Notice available via the website and at the point we request personal data.

Our privacy notices comprise two parts – a generic part (i.e. common to all of our privacy notices) and a part tailored to the specific processing activity being undertaken.

Data Controller

The Data Controller is Durham University. If you would like more information about how the University uses your personal data, please see the University’s Information Governance webpages or contact Information Governance Unit:

Email: info.access@durham.ac.uk

Information Governance Unit also coordinates responses to individuals asserting their rights under the legislation. Please contact the Unit in the first instance.

Data Protection Officer

The Data Protection Officer is responsible for advising the University on compliance with Data Protection legislation and monitoring its performance against it. If you have any concerns regarding the way in which the University is processing your personal data, please contact the Data Protection Officer:

Andrew Ladd, email: info.access@durham.ac.uk

Your rights in relation to your personal data

Privacy notices and/or consent

You have the right to be provided with information about how and why we process your personal data. Where you have the choice to determine how your personal data will be used, we will ask you for consent. Where you do not have a choice (for example, where we have a legal obligation to process the personal data), we will provide you with a privacy notice. A privacy notice is a verbal or written statement that explains how we use personal data.

Whenever you give your consent for the processing of your personal data, you receive the right to withdraw that consent at any time. Where withdrawal of consent will have an impact on the services we are able to provide, this will be explained to you, so that you can determine whether it is the right decision for you.

Accessing your personal data

You have the right to be told whether we are processing your personal data and, if so, to be given a copy of it. This is known as the right of subject access. You can find out more about this right on the University’s Subject Access Requests webpage.

Right to rectification

If you believe that personal data we hold about you is inaccurate, please contact us and we will investigate. You can also request that we complete any incomplete data.

Once we have determined what we are going to do, we will contact you to let you know.

Right to erasure

You can ask us to erase your personal data in any of the following circumstances:

We no longer need the personal data for the purpose it was originally collected
You withdraw your consent and there is no other legal basis for the processing
You object to the processing and there are no overriding legitimate grounds for the processing
The personal data have been unlawfully processed
The personal data have to be erased for compliance with a legal obligation
The personal data have been collected in relation to the offer of information society services (information society services are online services such as banking or social media sites).
Once we have determined whether we will erase the personal data, we will contact you to let you know.
Right to restriction of processing
You can ask us to restrict the processing of your personal data in the following circumstances:
You believe that the data is inaccurate and you want us to restrict processing until we determine whether it is indeed inaccurate
The processing is unlawful and you want us to restrict processing rather than erase it
We no longer need the data for the purpose we originally collected it but you need it in order to establish, exercise or defend a legal claim and
You have objected to the processing and you want us to restrict processing until we determine whether our legitimate interests in processing the data override your objection.

Once we have determined how we propose to restrict processing of the data, we will contact you to discuss and, where possible, agree this with you.

Right to restriction of processing

You can ask us to restrict the processing of your personal data in the following circumstances:
You believe that the data is inaccurate and you want us to restrict processing until we determine whether it is indeed inaccurate
The processing is unlawful and you want us to restrict processing rather than erase it
We no longer need the data for the purpose we originally collected it but you need it in order to establish, exercise or defend a legal claim and
You have objected to the processing and you want us to restrict processing until we determine whether our legitimate interests in processing the data override your objection.

Once we have determined how we propose to restrict processing of the data, we will contact you to discuss and, where possible, agree this with you.

Retention

The University keeps personal data for as long as it is needed for the purpose for which it was originally collected. Most of these time periods are set out in the University Records Retention Schedule.

Making a complaint

If you are unsatisfied with the way in which we process your personal data, we ask that you let us know so that we can try and put things right. If we are not able to resolve issues to your satisfaction, you can refer the matter to the Information Commissioner’s Office (ICO). The ICO can be contacted at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone: 0303 123 1113

Website: Information Commissioner’s Office

Part 2: Tailored Privacy Notice for Applicants/Potential Applicants for Job Vacancies

Job Applicants / Potential Job Applicants: Type(s) of personal data collected and held by the University and method of collection

As part of any (potential) recruitment process the University will collect personal data relating to applicants or those who register an interest in potential vacancies at the University.

This section of the Privacy Notice provides you with the privacy information that you should be aware of before you provide personal data to the University as part of any recruitment process or potential recruitment process. 

This notice does not form any part of any contract of employment or other contract to provide services.

The University collects a range of information about our job applicants or potential applicants.

If you have registered for a job alert/to be informed of forthcoming vacancies we will collect your name and email address and details of the roles which you may be interested in. The information which we collate shall be that which you have submitted to us via our recruitment website or via any direct contact which you make with the University.

If you have applied for a job with the University, we will collate the information which we request as part of the application process. This will normally include:

Personal details such as your name, address and contact details including email address and telephone number(s);

Details of your qualifications, skills, experience and employment history;
Information about your current level of remuneration, potentially including benefit entitlements;
Details of referees (who we may approach during the recruitment if you have consented that we may do so);
Whether or not you consider that you have a disability and whether you would like your application considered under the Disability Confident Scheme (or any replacement similar schemes) for which the University will consider reasonable adjustments during the recruitment process;
Information about your entitlement to work in the UK;
Information about any unspent criminal convictions; and
Equal opportunities information about any protected characteristics you have, such as your gender and race, nationality and ethnic origin for the purpose of monitoring equality and diversity.

The University may collect this information in a variety of ways. For example, data might be contained in details which you register with the University, online application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including any tests.

The University may also collect personal data about you from third parties, such as references supplied by the referees who you provide details for, information from employment background check providers, employment agencies and, if applicable for the role applied for, information from criminal records and/or disclosure and barring checks. Save for where you have otherwise consented (for example for referees to be approached during the recruitment process), the University will seek information from third parties only if a job is offered to you.

If you are successful in your application for a role at the University you will also be asked to provide your bank details for the purpose of payroll when we make an offer to you. You will also be asked to complete a health declaration questionnaire and, if you indicate that you have any health issues or and/or a disability, the details will be passed securely to the University’s Occupational Health Service and only the Occupational Health Service will be provided with access to that information unless you give consent for the information to be shared with your line-manager and/or HR.

Job Applicants / Potential Job Applicants: Lawful basis

The University has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from candidates (and potential candidates who have registered an interest in vacancies) allows the University to contact candidates who have expressed an interest in a role, manage the recruitment process, assess and confirm a candidate's suitability for potential employment and to decide to whom to potentially offer a job. The University may also need to process data from job applicants to respond to and defend against legal claims.

The University needs to process data to take steps prior to potentially entering into a contract with you. It may also need to process your data to enter into a contract with you.

In some cases, the University needs to process data to ensure that it is complying with its legal obligations. For example, the University is required to check a successful applicant's eligibility to work in the UK before employment starts.

The University may process information about whether or not applicants are disabled to potentially make reasonable adjustments for candidates during the recruitment process. 

The University processes data related to equality information but will only do so for the purpose of monitoring the recruitment process. The University may also use data regarding the recruitment process to benchmark the output of each recruitment round.

For some relevant roles, the University is obliged to seek information about criminal convictions and/or disclosure and barring. 

The University will contact the referees who you have provided details for and will inform you which stage in the process the referees will be contacted.

Some of the reasons for processing your data overlap and there may be several grounds which justify our use of your personal data.

The University will not use your data for any purpose other than the recruitment round for which you have applied (which may include contacting you about other similar vacancies in the same recruitment round) and thereafter, if we offer you a role at the University, relevant data which you supplied as part of the recruitment process will be used to administer that offer and as part of your employment relationship with the University.

Job Applicants / Potential Job Applicants: How personal data is stored

Data will be stored in a range of different places, including on your application record within our recruitment system, in HR management systems and on other IT systems including email and document management systems. Data will be shared with and will only be accessible by staff who are involved in the recruitment process.

Job Applicants / Potential Job Applicants: How personal data is processed

The University has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from candidates (and potential candidates who have registered an interest in vacancies) allows the University to contact candidates who have expressed an interest in a role, manage the recruitment process, assess and confirm a candidate's suitability for potential employment and to decide to whom to potentially offer a job. The University may also need to process data from job applicants to respond to and defend against legal claims.

The University needs to process data to take steps prior to potentially entering into a contract with you. It may also need to process your data to enter into a contract with you.

In some cases, the University needs to process data to ensure that it is complying with its legal obligations. For example, the University is required to check a successful applicant's eligibility to work in the UK before employment starts.

The University may process information about whether or not applicants are disabled to potentially make reasonable adjustments for candidates during the recruitment process. 

For some relevant roles, the University is obliged to seek information about criminal convictions and/or disclosure and barring. 

The University will contact the referees who you have provided details for and will inform you which stage in the process the referees will be contacted.

Some of the reasons for processing your data overlap and there may be several grounds which justify our use of your personal data.

Job Applicants / Potential Job Applicants: How we use sensitive personal data

Special categories of sensitive personal information require higher levels of protection. We may process such data in the following circumstances:

In limited circumstances, with your explicit written consent;
Where we need to carry out any legal obligations;
Where it is needed in the public interest, such as for equal opportunities monitoring.

Less commonly, we may process this information where it is needed in relation to legal claims, or where it is needed to protect your interests (and you are not capable of giving your consent) or where you have already made the information public.

In a recruitment context we would anticipate use of sensitive personal information such as health related information which you inform us about to ensure that we can consider any potential reasonable adjustments if your application is progressed through the recruitment process. We will also use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Job Applicants / Potential Job Applicants: Who the University shares personal data with

The University Recruitment Team will share the data with staff who are involved in the recruitment process. This will include HR staff, members of the search and appointment committees (including any committee members who are external to the University), the applicable manager/management team related to the role and may also include staff in the Provost’s Office and Vice-Chancellor’s Office.

In some instances the recruitment process may involve assessments which require a limited amount of the data which you have submitted to be shared with other colleagues, for example, if you are required to submit publications, those publications may be shared with staff within the cognate academic department for their comments as part of the recruitment process. 

The University will contact the referees who you have provided details for and will inform you which stage in the process the referees will be contacted.

The University may share your data with third party agencies to satisfy any legal requirements including in respect of your right to work in the UK and, if applicable information on any criminal convictions and/or disclosure and barring.

Data Sharing with Third Parties

On occasion the University may engage with a third party provider to facilitate some parts of a recruitment process such as the administration of applications and obtaining references. Should the University be engaging with a third party, this will be made clear to candidates as part of the application process and any relevant additional information relating to your data will be provided to you. 

We require third parties to respect the security of your data and to treat it in accordance with the law. All third party service providers are required to enter into a formal data processing agreement with the University and must demonstrate that they have appropriate security, safeguards and policies in place to process your data.

The University will require that any third party storing your data does so securely with access limited to staff who have a requirement to access the data for proper and legitimate purposes to administer the recruitment process.

Job Applicants / Potential Job Applicants: How long personal data is held by the University

The University will only retain your data for as long as necessary to fulfil the purposes we collected it for which includes satisfying any legal, accounting or reporting requirements.

All personal data related to the recruitment process is passed to HR to be stored at the end of the end of the recruitment process. HR holds the data for the periods below and thereafter it is deleted/destroyed:

Information from potential candidates who have registered/expressed interest in being alerted to job vacancies	For 12 months from the date the interest is registered
Applications from unsuccessful candidates	For 1 year from the date of appointment of the successful candidate or the conclusion of the recruitment process. In the event of the successful candidate being a Tier 2 visa holder, Home Office UKVI requirements are that information for all candidates for the vacancy is retained for 7 years from the date of the appointment to enable their compliance auditing.
Applications for successful candidates	For 6 years from the date of appointment of the successful candidate. In the event of the successful candidate being a Tier 2 visa holder, Home Office UKVI requirements are that information for all candidates for the vacancy is retained for 7 years from the date of the appointment to enable their compliance auditing.
Equality data which is used for monitoring	For the current financial year and thereafter an additional 5 years
Contract of employment	For 6 years from the date of termination of employment
Bank details	Until passed to colleagues in Payroll and set up in the HR IT system where it is stored securely

In some cases, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Job Applicants / Potential Job Applicants: If you fail to provide personal data

If you fail to provide certain information as part of the recruitment process when requested, depending on the nature of the information which has been withheld, the University may not be able to progress your application.

Job Applicants / Potential Job Applicants: Visitors to our websites/webpages

When someone visits www.durham.ac.uk we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be transparent about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

Job Applicants / Potential Job Applicants: Use of cookies

A cookie is a simple text file that is stored on your computer or mobile device by a website's server and only that server will be able to retrieve or read the contents of that cookie. Cookies allow websites to remember user preferences, choices and selections, such as what's in your shopping basket. Durham University also make use of the Google Analytics service to understand how you navigate around our site.

Durham University do not use cookies to collect personal information about you.

For more information about the use of cookies on Durham University's website, or to set your cookie usage preference, please see our  Cookie Notice.

Job Applicants / Potential Job Applicants: Links to other websites

This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

Job Applicants / Potential Job Applicants: Changes to this privacy notice

We regularly review our privacy information to ensure that it remains accurate and current. We will review and update this privacy information whenever we plan to use personal data for any new purpose. Any changes to this privacy information will be communicated to you.

Job Applicants / Potential Job Applicants: Further information

If you have any questions which you feel have not been covered by this Privacy Notice, please contact the Information Governance Unit:

Email: info.access@durham.ac.uk