Guidance

Privacy notice for Boundary Commission for England recruitment

Published 19 February 2019

1. Your data

1.1 Purpose

The purposes for which we are processing your personal data are:

• to recruit Members of the Boundary Commission for England
• to monitor the diversity of applicants and appointees in line with our Public Sector Equality Duty
• to deal with any complaints about the process, including assisting other public bodies with any investigations

1.2 The data

We will process the following personal data:

• name
• contact details
• employment history
• qualifications
• curriculum vitae (CV)
• details of referees
• other background information relevant to your application including sift and interview assessments, conflicts of interest, and political activity
• any other information gathered by Cabinet Office as part of due diligence, including information obtained from public sources
• information relating to your nationality, address, family history and criminal convictions may be required in order to check that you are suitable for your new role
• information relating to age, gender, ethnicity, sexual orientation, recorded disability, and faith for diversity monitoring purposes

1.3 Legal basis of processing

The legal basis for processing your personal data is:

• we process the data on the legal basis that it is necessary prior to entering into a contract/terms of appointment to carry out pre-appointment checks
• if individuals are appointed we will continue to process their data on the legal basis that it is necessary for the performance of a contract / terms of appointment
• we also process data on the basis of it being necessary as part of our public task. In this case the public task is Cabinet Office’s sponsorship of the Boundary Commission for England
• where we are required to provide data to the Commissioner for Public Appointments, this is a legal obligation pursuant to Article 4 of the Public Appointments Order in Council 2016

Sensitive personal data is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

The legal basis for processing your sensitive personal data, or your criminal convictions personal data, is that it is necessary for reasons of substantial public interest for the exercise of a function of the Crown, a Minister of the Crown, or a government department or the exercise of a function conferred on a person by an enactment.

Diversity data is also collected on the basis that it is of a specific category of personal data and it is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people with a view to enabling such equality to be promoted or maintained.

We also process health and disability data because it is necessary for the purposes of performing or exercising our obligations or rights as the controller, or the data subject’s obligations or rights, under employment law (reasonable adjustments).

We may process special category data which comes to light during due diligence checks which has manifestly been made public by the applicant, or where it is of substantial public interest in order to carry out our functions.

1.4 Recipients

Your personal data will be shared by us with members of the Advisory Assessment Panel.

Diversity data will be shared with the Commissioner for Public Appointments for diversity monitoring purposes. Other information may be shared with the Commissioner for Public Appointments. More details are available in The Commissioner for Public Appointments privacy notice.

As your personal data will be stored on our IT infrastructure it will also be shared with our data processors who provide email, and document management and storage services.

1.5 Retention

Cabinet Office may store unsuccessful applicants’ data, including name, a summary of the biographical details, the outcome of the application, for up to two years.

For successful appointees, we will retain their data for the length of their appointment.

Diversity data will be held by Cabinet Office for up to five years.

2. Your rights

You have the right:

• to request information about how your personal data are processed, and to request a copy of that personal data
• to request that any inaccuracies in your personal data are rectified without delay
• to request that any incomplete personal data are completed, including by means of a supplementary statement
• to request that your personal data are erased if there is no longer a justification for them to be processed
• in certain circumstances (for example, where accuracy is contested), to request that the processing of your personal data is restricted
• to object to the processing of your personal data where it is processed for direct marketing purposes

Where we process data on the lawful basis of a contract (see above), you have the right:

• to request a copy of any personal data you have provided, and for this to be provided in a structured, commonly used and machine-readable format

Where we process data on the lawful basis that it is a task in the public interest (see above), you have the right:

• to object to the processing of your personal data

3. International transfers

As your personal data is stored on our IT infrastructure, and shared with our data processors, it may be transferred and stored securely outside the European Union. Where that is the case it will be subject to equivalent legal protection through the use of Model Contract Clauses.

4. Complaints

If you consider that your personal data has been misused or mishandled, you may make a complaint to the Information Commissioner, who is an independent regulator. The Information Commissioner can be contacted at:

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

Telephone: 0303 123 1113
casework@ico.org.uk

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

5. Contact details

The data controller for your personal data is the Cabinet Office. The contact details for the data controller are:

Cabinet Office
70 Whitehall
London
SW1A 2AS

Public Enquiries: Online Contact Form

The Data Protection Officer provides independent advice and monitoring of Cabinet Office’s use of personal information.

The contact details for the data controller’s Data Protection Officer are: dpo@cabinetoffice.gov.uk