Data protection policy: (employment and workforce)
You must read this policy because it gives important information about:
- the data protection principles with which LDS and you must comply;
- what is meant by personal information (or data) and sensitive personal information (or data);
- how we gather, use and (ultimately) delete personal information and sensitive personal information in accordance with the data protection principles;
- where more detailed privacy information can be found, for example about the personal information we gather and use about you, how it is used, stored and transferred, for what purposes, the steps taken to keep that information secure and for how long it is kept;
- your rights and obligations in relation to data protection; and
- the consequences of failure to comply with this policy.
Once you have read and understood this policy, please confirm you that have done so by signing and returning the attached copy to, Natasha Chell, Partner and Head of Risk and Compliance: natasha.chell@lauradevine.com.
-
- Introduction
- LDS obtains, keeps and uses personal information (also referred to as data) about job applicants and about current and former employees, trainees, temporary and agency workers, contractors, interns,secondees, volunteers, apprentices and any other individuals working or prospectively working for LDS for a number specific lawful purposes, as set out in LDS’s data protection privacy notices relating to recruitment and working with LDS.
- This policy sets out how we comply with our data protection obligations and seek to protect personal information relating to our workforce. Its purpose is also to ensure that everyone involved understands and complies with the rules governing the collection, use and deletion of personal information to which they may have access in the course of their work.
- We are committed to complying with our data protection obligations, and to being concise, clear and transparent about how we obtain and use personal information relating to our workforce, and how (and when) we delete that information once it is no longer required.
- LDS has decided not to appoint a Data Protection Officer. This is because LDS is not a public authority and does not (and does not intend to) carry out any large scale systematic monitoring of individuals or any large-scale processing of special categories of data or data relating to criminal convictions and offences. However, if you have any questions or comments about the content of this policy or if you need further information, you should contact the Head of Risk and Compliance.
- Scope
- This policy applies to all past, present and prospective members of our workforce (referred to in this policy as “individuals”.
- Individuals should refer to LDS’s data protection privacy notice and, where appropriate, to its other relevant policies including in relation to internet, email and communications, monitoring, social media, information security, data retention and criminal record information, which contain further information regarding the protection of personal information in those contexts.
- We will review and update this policy regularly in accordance with our data protection obligations. It does not form part of any individual’s contract with LDS and we may amend, update or supplement it from time to time. We will circulate any new or modified policy to individuals when it is adopted.
- Definitions
criminal records information means personal information relating to criminal convictions and offences, allegations, proceedings, and related security measures; data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal information; data subject means the individual to whom the personal information relates; personal information (sometimes known as personal data) means information relating to an individual who can be identified (directly or indirectly) from that information; processing information means obtaining, recording, organising, storing, amending, retrieving, disclosing and/or destroying information, or using or doing anything with it; pseudonymised means the process by which personal information is processed in such a way that it cannot be used to identify an individual without the use of additional information, which is kept separately and subject to technical and organisational measures to ensure that the personal information cannot be attributed to an identifiable individual; sensitive personal information (sometimes known as ‘special categories of personal data’ or ‘sensitive personal data’) means personal information about an individual’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (or non-membership), genetics information, biometric information (where used to identify an individual) and information concerning an individual’s health, sex life or sexual orientation.
- Introduction
- Data protection principles
- LDS will comply with the following data protection principles when processing personal information:
- we will process personal information lawfully, fairly and in a transparent manner;
- we will collect personal information for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes;
- we will only process the personal information that is adequate, relevant and necessary for the relevant purposes;
- we will keep accurate and up to date personal information, and take reasonable steps to ensure that inaccurate personal information is deleted or corrected without delay;
- we will keep personal information for no longer than is necessary for the purposes for which the information is processed; and
- we will take appropriate technical and organisational measures to ensure that personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
- LDS will comply with the following data protection principles when processing personal information:
- Basis for processing personal information
- In relation to any processing activity we will, before the processing starts for the first time, and then regularly while it continues:
- review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing, such as:
- that the data subject has consented to the processing;
- that the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- that the processing is necessary for compliance with a legal obligation to which LDS is subject;
- that the processing is necessary for the protection of the vital interests of the data subject or another natural person; or
- that the processing is necessary for the purposes of legitimate interests of LDS or a third party, except where those interests are overridden by the interests of fundamental rights and freedoms of the data subject—see clause 5.2 below.
- except where the processing is based on consent, satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis (in that there is no other reasonable way to achieve that purpose);
- document our decision as to which lawful basis applies, to help demonstrate our compliance with the data protection principles;
- include information about both the purposes of the processing and the lawful basis for it in our relevant privacy notices;
- where sensitive personal information is processed, also identify a lawful special condition for processing that information (see below for further details), and document it; and
- where criminal offence information is processed, also identify a lawful condition for processing that information, and document it.
- review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing, such as:
- When determining whether LDS’s legitimate interests are the most appropriate basis for lawful processing, we will:
- conduct a legitimate interests’ assessment (LIA) and keep a record of it, to ensure that we can justify our decision;
- if the LIA identifies a significant privacy impact, consider whether we also need to conduct a data protection impact assessment (DPIA);
- keep the LIA and/or DPIA under review, and repeat it if circumstances change; and
- include information about our legitimate interests in our relevant privacy notices.
- In relation to any processing activity we will, before the processing starts for the first time, and then regularly while it continues:
- Sensitive personal information
- Sensitive personal information is sometimes referred to as ‘special categories of personal data’ or ‘sensitive personal data’.
- LDS may from time to time need to process sensitive personal information. We will only process sensitive personal information if:
- we have a lawful basis for doing so, for example that it is necessary for the performance of the employment contract, to comply with LDS’s legal obligations or for the purposes of LDS’s legitimate interests; and
- one of the special conditions for processing sensitive personal information applies, for example:
- the data subject has given has given explicit consent;
- the processing is necessary for the purposes of exercising the employment law rights or obligations of LDS or the data subject;
- the processing is necessary to protect the data subject’s vital interests, and the data subject is physically incapable of giving consent;
- processing relates to personal data which are manifestly made public by the data subject;
- the processing is necessary for the establishment, exercise or defence of legal claims; or
- the processing is necessary for reasons of substantial public interest.
- Before processing any sensitive personal information, LDS will carry out an assessment to check whether the processing complies with the criteria noted above. Any such assessment will be recorded in writing.
- Sensitive personal information will not be processed until:
- the assessment referred to above has taken place; and
- the individual has been properly informed (by way of a privacy notice or otherwise) of the nature of the processing, the purposes for which it is being carried out and the legal basis for it.
- LDS will not carry out automated decision-making (including profiling) based on any individual’s sensitive personal information.
- LDS’s data protection privacy notice sets out the types of sensitive personal information that LDS processes, what it is used for and the lawful basis for the processing.
- In relation to sensitive personal information, LDS will comply with the procedures set out below to make sure that it complies with the applicable data protection principles.
- During the recruitment process: LDS will ensure that (except where the law permits otherwise):
- during the short-listing, interview and decision-making stages, no questions are asked relating to sensitive personal information, for example race or ethnic origin, trade union membership or health;
- if sensitive personal information is received, for example the applicant provides it without being asked for it within his or her CV or during the interview, all reasonable steps are taken to delete or redact it;
- any completed equal opportunities monitoring form is kept separate from the individual’s application form, and not be seen by the person shortlisting, interviewing or making the recruitment decision;
- ‘right to work’ checks are carried out before an offer of employment is made unconditional, and not during the earlier short-listing, interview or decision-making stages;
- we will only ask health-related questions once an offer of employment has been made.
- During employment or engagement: LDS will process:
- health information for the purposes of administering sick pay, keeping sickness absence records, monitoring staff attendance and facilitating employment-related health and sickness benefits;
- sensitive personal information for the purposes of equal opportunities monitoring and pay equality reporting. Where practicable, this information will be anonymised.
- Criminal records information
-
- This section applies to criminal records information relating to all individuals. It sets out how we comply with our data protection obligations in respect of criminal records information and seek to protect such information, and to ensure that staff understand and comply with the rules governing the collection, use and deletion of criminal records information to which they may have access in the course of their work.
- We are committed to complying with our data protection obligations and the DBS Code of Practice in relation to criminal records information, in particular:
- in relation to the circumstances in which we seek criminal records information;
- by being concise, clear and transparent about how we obtain and use such information, and how (and when) we delete it once it is no longer required; and
- by ensuring the correct handling, use, storage, retention and disposal of DBS certificates and certificate information.
- Having a criminal record will not necessarily bar you from working with us. We will take into account the circumstances and background of any offences and whether they are relevant to the position in question, taking into account our regulatory obligations and balancing the rights and interests of the individual, our employees, clients, suppliers and the public.
- We will treat all applicants, employees and volunteers fairly but reserve the right to withdraw an offer of employment if you do not disclose relevant information, or if a DBS check reveals information which we reasonably believe would make you unsuitable for the role.
- Before recruiting for any post we may assess whether we are justified in seeking criminal records information for that particular post (taking into account the applicable statutory conditions and safeguards) and, if so:
- whether it is appropriate to limit the information sought to offences that have a direct bearing on suitability for the job in question; and
- whether the information should be verified with the DBS.
- If such an assessment has been carried out for the same or a similar post within the last 12 months, we may rely on that assessment.
- The level of DBS check that LDS is entitled to request will depend on the position for which the prospective employee’s suitability is being assessed. LDS may request:
- a criminal record certificate (CRC) if the position is protected by the Rehabilitation of Offenders Act 1974;
- an enhanced criminal record certificate (ECRC) if the position is:
- excepted from the protections of the Rehabilitation of Offenders Act 1974 (ie included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended); and
- prescribed in the Police Act 1997 (Criminal Records) Regulations 2002;
- in addition, a search of the children’s or adults’ barred list if the position is:
- eligible for an ECRC; and
- prescribed in the Police Act 1997 (Criminal Records) Regulations 2009 as one for which the children’s or adults’ barred list may be checked.
- Certain old and minor convictions and cautions are ‘protected’, which means:
- they are filtered out of a DBS check;
- they need not be disclosed by prospective employees to LDS; and
- they will not be taken into account by LDS in making decisions about employing a prospective employee.
- Certain ‘listed offences’ will never be filtered out. The list includes offences which are particularly serious, relate to sexual or violent offending or are relevant in the context of safeguarding.
- 7.10 A conviction will be a protected conviction (and filtered) if:
- 7.10.1 the offence was not a listed offence;
- 7.10.2 it did not result in a custodial sentence (or sentence of service detention);
- 7.10.3 it is the individual’s only conviction; and
- 7.10.4 where the individual was an adult at the time of conviction, 11 years or more have passed since the date of the conviction (or five years six months or more have passed since the date of conviction if the individual was under 18 at the time of conviction).
- A caution will be a protected caution (and filtered) if:
- the offence was not a listed offence; and
- where the individual was an adult at the time of the caution, six years or more have passed since the date of the caution (or two years or more have passed since the date of conviction if the individual was under 18 at the time of conviction).
- As part of an ECRC, the police may also disclose information that they reasonably believe is relevant and ought to be included.
- We will only ask an individual to provide criminal records information in relation to convictions and cautions that LDS would be legally entitled to see in a DBS check for the relevant post:
- if LDS is justified in seeking criminal records information for the post, and the post is not exempt from the Rehabilitation of Offenders Act 1974, we will ask applicants to complete the criminal records information, expressly stating that applicants are not required to disclose convictions that are spent under the Rehabilitation of Offenders Act 1974; and
- if LDS is justified in seeking criminal records information for the post, and the post is exempt from the Rehabilitation of Offenders Act 1974, we will ask applicants to complete the criminal records information, expressly stating that applicants must disclose any convictions, cautions, reprimands or final warnings which are not filtered (or ‘protected’ as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended)).
- If the information sought can be limited to offences that have a direct bearing on suitability for the job in question, we will amend the criminal records information form accordingly.
- Where a DBS check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.
- Applicants will only be asked to complete a criminal records information form before an offer of employment is made; they will not be asked to do so during the earlier short-listing, interview or decision-making stages.
- Before an individual is asked to complete a criminal records information form, they will be provided with a copy of this policy.
- If LDS is not justified in seeking criminal records information for the post, it will not ask an applicant for criminal records information.
- If it is assessed that LDS should use the DBS to verify criminal records information, LDS will:
- provide the individual concerned with a copy of LDS’s data handling policy (set out below under Handling criminal records information) before asking them to complete a DBS application form or asking for their consent to use their information to access the DBS update service;
- make every subject of a DBS check aware of the existence of the DBS Code of Practice and makes a copy available on request; and
- comply with the DBS Code of Practice.
- Once criminal records information has been verified through a DBS check, LDS will:
- if inconsistencies emerge between the information provided by the individual and the information in the DBS certificate, give the applicant the opportunity to provide an explanation;
- record that a DBS check was completed and whether it yielded a satisfactory or unsatisfactory result; and
- delete the DBS certificate and any record of the information contained in it unless, in exceptional circumstances, LDS assesses that it is clearly relevant to the ongoing employment relationship, for example to allow for consideration and resolution of any disputes or complaints.
- If, LDS assesses that the information in the DBS certificate is relevant to the ongoing employment relationship, it (and any record of the information contained in it) will be kept securely for no longer than is necessary, and no more than six months.
- LDS will not seek criminal records information from any source other than the individual concerned or the DBS.
- If LDS has concerns about the information that has been disclosed by the DBS, or the information is not as expected, LDS will discuss its concerns with the individual and carry out a risk assessment.
- LDS will not refuse a prospective employee employment simply on the basis that they have a criminal record. Before making a decision, LDS will:
- give the prospective employee the opportunity to address its concerns before making any decisions; and
- carry out a risk assessment.
- In carrying out a risk assessment, LDS will take account of:
- the relevance of the conviction or other matter revealed to the position in question;
- the seriousness of the offence or other matter revealed;
- the circumstances of the offence;
- the age of the offence;
- whether there is a pattern of offending; and
- whether circumstances have changed since the offending took place.
Handling criminal records information
- LDS will ensure that DBS certificate information is kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.
- In accordance with section 124 of the Police Act 1997, LDS will ensure that certificate information is only passed to those who are authorised to receive it in the course of their duties. LDS maintains a record of all those to whom certificates or certificate information has been revealed. It is a criminal offence to pass this information to anyone who is not entitled to receive it.
- Once the DBS certificate has been inspected, it will be destroyed in accordance with the code of practice.
- Certificate information must only be used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
- Once a recruitment (or other relevant) decision has been made, LDS does not keep certificate information for any longer than is necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints.
- If, in very exceptional circumstances, it is considered necessary to keep certificate information for longer than six months, we will consult the DBS about this and will give full consideration to the data protection and human rights of the individual before doing so.
- Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.
- Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately destroyed by secure means, for example by shredding, pulping or burning. While awaiting destruction, certificate information will not be kept in any insecure receptacle (for example waste bin or confidential waste sack).
- We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, notwithstanding the above, we may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.
-
- Data protection impact assessments (DPIAs)
- Where processing is likely to result in a high risk to an individual’s data protection rights (for example where LDS is planning to use a new form of technology), we will, before commencing the processing, carry out a DPIA to assess:
- whether the processing is necessary and proportionate in relation to its purpose;
- the risks to individuals; and
- what measures can be put in place to address those risks and protect personal information.
- Before any new form of technology is introduced, the manager responsible should therefore contact the Head of Risk and Compliance.
- Where processing is likely to result in a high risk to an individual’s data protection rights (for example where LDS is planning to use a new form of technology), we will, before commencing the processing, carry out a DPIA to assess:
- Documentation and records
- We will keep written records of processing activities which may result in a risk to individuals’ rights and freedoms or involve sensitive personal information or criminal records information, including:
- our name and details (and where applicable, the names and details of other data controllers);
- the purposes of the processing;
- a description of the categories of individuals and categories of personal data;
- categories of recipients of personal data;
- where relevant, details of transfers to third countries, including documentation of the transfer mechanism safeguards in place;
- where possible, retention schedules; and
- where possible, a description of technical and organisational security measures.
- As part of our record of processing activities we document, or link to documentation, on:
- information required for privacy notices;
- records of consent;
- controller-processor contracts;
- the location of personal information;
- DPIAs; and
- records of data breaches.
- If we process sensitive personal information or criminal records information, we will keep written records of:
- the relevant purpose(s) for which the processing takes place, including (where required) why it is necessary for that purpose;
- the lawful basis for our processing; and
- whether we retain and erase the personal information in accordance with our policy document and, if not, the reasons for not following our policy.
- We will conduct regular reviews of the personal information we process and update our documentation accordingly. This may include, for example:
- carrying out information audits to find out what personal information LDS holds; and
- reviewing our policies, procedures, contracts and agreements to address areas such as retention, security and data sharing.
- We will keep written records of processing activities which may result in a risk to individuals’ rights and freedoms or involve sensitive personal information or criminal records information, including:
- Privacy notices
- LDS will issue privacy notices from time to time, informing individuals about the personal information that we collect and hold relating to them, how they can expect their personal information to be used and for what purposes.
- We will take appropriate measures to provide information in privacy notices in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
- Individual rights
- Individuals (in common with other data subjects) have the following rights in relation to your personal information:
- to be informed about how, why and on what basis that information is processed—see LDS’s data protection privacy notice;
- to obtain confirmation that your information is being processed and to obtain access to it and certain other information, by making a subject access request—see LDS’s subject access request policy;
- to have data corrected if it is inaccurate or incomplete;
- to have data erased if it is no longer necessary for the purpose for which it was originally collected/processed, or if there are no overriding legitimate grounds for the processing (this is sometimes known as ‘the right to be forgotten’);
- to restrict the processing of personal information where the accuracy of the information is contested, or the processing is unlawful (but you do not want the data to be erased), or where the employer no longer needs the personal information but you require the data to establish, exercise or defend a legal claim; and
- to restrict the processing of personal information temporarily where you do not think it is accurate (and the employer is verifying whether it is accurate), or where you have objected to the processing (and the employer is considering whether the organisation’s legitimate grounds override your interests).
- If you wish to exercise any of the rights referred to above, please contact the Head of Risk and Compliance: natasha.chell@lauradevine.com
- Individuals (in common with other data subjects) have the following rights in relation to your personal information:
- Individual obligations
- Individuals are responsible for helping LDS keep their personal information up to date. You should let Sue Henderson, Support Team Manager, know if the information you have provided to LDS changes, for example if you move home or change details of the bank or building society account to which you are paid.
- You may have access to the personal information of other members of staff, suppliers, clients and contacts of LDS in the course of your employment or engagement. If so, LDS expects you to help meet its data protection obligations to those individuals. For example, you should be aware that they may also enjoy the rights referred to above.
- If you have access to personal information, you must:
- only access the personal information that you have authority to access, and only for authorised purposes;
- only allow other LDS staff to access personal information if they have appropriate authorisation;
- only allow individuals who are not LDS staff to access personal information if you have specific authority to do so from the Head of Risk and Compliance;
- keep personal information secure (for example by complying with rules on access to premises, computer access, password protection and secure file storage and destruction and other precautions set out in LDS’s information security policy);
- not remove personal information, or devices containing personal information (or which can be used to access it), from LDS’s premises unless appropriate security measures are in place (such as pseudonymisation, encryption or password protection) to secure the information and the device; and
- not store personal information on local drives or on personal devices that are used for work purposes.
- You should contact the Head of Risk and Compliance if you are concerned or suspect that one of the following has taken place (or is taking place or likely to take place):
- processing of personal data without a lawful basis for its processing or, in the case of sensitive personal information, without one of the required conditions being met;
- any data breach (see below for further information on what may amount to a data breach);
- access to personal information without the proper authorisation;
- personal information not kept or deleted securely;
- removal of personal information, or devices containing personal information (or which can be used to access it), from LDS’s premises without appropriate security measures being in place;
- any other breach of this policy or of any of the data protection principles referred to in it.
- Information security
- LDS will use appropriate technical and organisational measures to keep personal information secure, and in particular to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage. These may include:
- making sure that, where possible, personal information is pseudonymised, encrypted and/or password protected;
- ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- ensuring that, in the event of a physical or technical incident, availability and access to personal information can be restored in a timely manner; and
- a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
- Where LDS uses external organisations to process personal information on its behalf, additional security arrangements need to be implemented in contracts with those organisations to safeguard the security of personal information. In particular, contracts with external organisations must provide that:
- the organisation may act only on the written instructions of LDS;
- those processing the data are subject to a duty of confidence;
- appropriate measures are taken to ensure the security of processing;
- sub-contractors are only engaged with the prior consent of LDS and under a written contract;
- the organisation will assist LDS in providing subject access and allowing individuals to exercise their rights in relation to data protection;
- the organisation will assist LDS in meeting its obligations in relation to the security of processing, the notification of data breaches and data protection impact assessments;
- the organisation will delete or return all personal information to LDS as requested at the end of the contract; and
- the organisation will submit to audits and inspections, provide LDS with whatever information it needs to ensure that they are both meeting their data protection obligations, and tell LDS immediately if it is asked to do something infringing data protection law.
- Before any new agreement involving the processing of personal information by an external organisation is entered into, or an existing agreement is altered, the relevant staff must seek approval of its terms by the Head of Risk and Compliance.
- LDS will use appropriate technical and organisational measures to keep personal information secure, and in particular to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage. These may include:
- Storage and retention of personal information
- Personal information (and sensitive personal information) will be kept securely.
- Personal information (and sensitive personal information) should not be retained for any longer than necessary. The length of time over which data should be retained will depend upon the circumstances, including the reasons why the personal information was obtained. Where there is any uncertainty, staff should consult the Head of Risk and Compliance.
- Personal information (and sensitive personal information) that is no longer required will be deleted permanently from our information systems and any hard copies will be destroyed securely.
- Data breaches
- A data breach may take many different forms, for example:
- loss or theft of data or equipment on which personal information is stored;
- unauthorised access to or use of personal information either by a member of staff or third party;
- loss of data resulting from an equipment or systems (including hardware and software) failure;
- human error, such as accidental disclosure, deletion or alteration of data;
- unforeseen circumstances, such as a fire or flood;
- deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and
- ‘blagging’ offences, where information is obtained by deceiving the organisation which holds it.
- LDS will:
- make the required report of a data breach to the Information Commissioner’s Office without undue delay and, where possible within 72 hours of becoming aware of it, if it is likely to result in a risk to the rights and freedoms of individuals; and
- notify the affected individuals if a data breach is likely to result in a high risk to their rights and freedoms and notification is required by law.
- A data breach may take many different forms, for example:
- International transfers
- LDS may transfer personal information outside the European Economic Area (EEA) (which comprises the countries in the European Union and Iceland, Liechtenstein and Norway) to the USA and other countries on the basis that the organisation receiving the information has provided adequate safeguards by way of binding corporate rules or standard data protection clauses.
- Training
- LDS will ensure that staff are adequately trained regarding their data protection responsibilities.
- Individuals whose roles require regular access to personal information, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.
- In particular, individuals who are involved in the recruitment process will receive additional guidance and training to help them identify and assess the relevance and circumstances of offences and to understand the relevant legislation relating to the employment of ex-offenders.
- Consequences of failing to comply
- LDS takes compliance with this policy very seriously. Failure to comply with the policy:
- puts at risk the individuals whose personal information is being processed; and
- carries the risk of significant civil and criminal sanctions for the individual and LDS; and
- may, in some circumstances, amount to a criminal offence by the individual.
- Because of the importance of this policy, an individual’s failure to comply with any requirement of it may (in the case of employees) lead to disciplinary action under our procedures, and this action may result in dismissal for gross misconduct. If a non-employee breaches this policy, they may have their contract terminated with immediate effect.
- If you have any questions or concerns about anything in this policy, do not hesitate to contact the Head of Risk and Compliance.
- LDS takes compliance with this policy very seriously. Failure to comply with the policy: