OISC Privacy Notice (Job Applicants)
This privacy notice explains how we process your personal data. Please refer to this document if you are applying for a vacancy at the OISC.
1. Responding to our advertisement
When responding to an advertisement for a vacancy at the OISC, you will provide us with your personal data by sending us a covering email. You may also be asked to send a CV.
Once you have done this, a member of the HR and Corporate Support Team will provide you with an application pack. This pack will contain the following documents:
- OISC Job Description and Person Specification for the role
- OISC Job Application Form
- OISC Diversity Monitoring Questionnaire
As part of the application process you will need to complete the mandatory sections of the Job Application form and, if you choose to do so, the Diversity Monitoring Questionnaire, and send them to us before the application deadline.
When sending us the completed forms, you are effectively providing us with your personal data. This data, along with the data already provided in your initial email and, if required, CV, will be used in our recruitment process to determine whether you are suitable for the vacancy.
2. Data we process from your application form
What personal data do we process?
When applying for a job vacancy at the OISC you must provide us with:
- Data relating to your identity
- Data relating to your immigration history
- Data relating to your previous employment and experience
- Data relating to your qualifications
- Data relating to any interests you have that may conflict with the activities of the OISC
- Data relating to the references you have provided
This data will be collected when you send us your completed application form.
To find out more about the data we process from your application form please click here.
Why do we process your personal data?
Under Schedule 5, paragraph 17 of the Immigration and Asylum Act 1999 (as amended), the Commissioner may appoint staff that they consider appropriate for the vacancy. We must therefore process your personal data to determine and ensure that you are suitable for the role.
Therefore, as a public body, it is necessary for us to process your data in the following ways for the exercise of official authority vested in us (Article 6 GDPR).
OISC employees must be eligible to work in the UK whilst employed at the OISC. Therefore, as part of our application process, we must determine whether you are eligible to work in the UK, pursuant to our statutory obligations under:
- the Immigration (European Economic Area) Regulations 2006 and 2016
- the Freedom of Movement Directive (2004/38/EC)
- the Commonwealth Immigrants Acts 1962 and 1968
- the Immigration Act 1971
- the Immigration and Asylum Act 1999
- the UK Borders Act 2007
- the Borders, Citizenship and Immigration Act 2009
It is therefore necessary for us to process data relating to your immigration status and history in the following ways, in order to comply with the legal obligations that we are subject to (Article 6 GDPR).
How do we process your personal data?
Application Stage
Your data is provided to us when you submit your completed application form and any supporting documents. Once you submit these documents to us, they will be uploaded onto a secure area of our IT system that can only be accessed by members of the HR and Corporate Support Team.
Your CV and application form will not be made available to people who are not involved in the recruitment process.
If you send us your CV and application form by post, it will be scanned into the secure area. Physical forms are stored in our office in secure lockable cabinets.
All CVs and application forms are securely destroyed after the retention period.
To find out more about how we retain data in respect of our recruitment process please click here.
Interview Stage
Once the deadline to submit applications has passed, we will begin considering applications and shortlisting candidates for interview.
Depending on the vacancy you have applied for, this may involve you sitting an assessment to assist us in determining whether you are suitable for the role.
Other than members of the HR and Corporate Support Team, your application form and CV will also be shared with members of staff that will be involved in shortlisting candidates.
Should you be shortlisted, the same members of staff will usually sit as the interview panel. However, please note that this is subject to availability.
The members of staff involved in shortlisting candidates will normally include a member of the HR and Corporate Support Team, the line manager who would supervise you (if successful) and another member of staff.
Selection Stage
The interview panel will reach a joint decision when selecting the appropriate candidate for the role.
Their decision will then be passed onto the Commissioner and Deputy Commissioner in the form of a recommendation.
Recommendation Stage
Both Commissioners will usually approve the panel’s recommendation before a formal offer can be put to the candidate, depending on availability. However approval must be given by at least one of the Commissioners.
Once the Commissioners have approved the recommendation, we will make a formal offer of employment to the candidate, subject to the outcome of any necessary background checks.
3. Data we process from your diversity monitoring questionnaire
What personal data do we process?
Please note that this questionnaire is optional. You are under no obligation to complete and/or submit this form to the OISC.
However, we encourage completing this form as the data provided would help us monitor diversity and ensure that our HR processes are fair.
To find out more about the data we process from your diversity questionnaire please click here.
Why do we process your personal data?
We encourage diversity in the workforce and welcome applications from everyone.
We will only process data from your diversity questionnaire in the following ways if you have indicated your consent for us to do so (Article 6 GDPR). As the data involved is special category data, your consent must be explicit (Article 9 GDPR).
Please indicate your explicit consent on the questionnaire.
How do we process your personal data?
The data provided in the questionnaire will only be used for diversity monitoring purposes.
Any diversity monitoring exercises or analysis of the data will be done in an anonymised form.
Any sharing or publication of the results from these exercises or analysis, will be done in an anonymised form.
The data from the questionnaire will not be available to any member of staff that is involved in the selection process.
Members of the HR and Corporate Support Team who are involved in the decision making process of a recruitment exercise will only have access to data from the questionnaire once the recruitment exercise is complete. No other members of staff will have access to this data.
If your application is successful, your diversity questionnaire will be stored in secure lockable cabinets in our office, separate to your personal file.
If your application is unsuccessful, your diversity questionnaire will be securely destroyed after six months.
To find out more about how we retain data in respect of our recruitment process please click here.
4. Retention
If you are unsuccessful in your application, we will hold your personal data for a period of six months.
After this period, your CV (and any covering email), application form and diversity questionnaire will be securely destroyed.
If you are successful in your application, we will continue to hold your personal data after the recruitment process, in anticipation of you joining the OISC.
Reserve List
If your application is unsuccessful we will place you on a reserve list, in order of merit.
We will ask you for your consent for us to inform you of any vacancies that may come up within the six-month period.
If you have provided us with your consent, we will inform you of any vacancies that we believe would be suitable for you.
We will not contact you regarding new vacancies after the six-month period.
5. Your Rights
As a data subject, you have the following rights:
- to be informed of how we process your personal data
- subject access
- rectification
- erasure
- restriction
- portability
- objection
Under GDPR there are also rights attached to the automated individual decision-making (i.e. profiling). However, we do not process your data using automated decision-making means.
Exercise Your Rights
If you choose to exercise your rights, please contact the OISC Information Officers who will take the necessary steps. They can be contacted on legalteam@oisc.gov.uk.
6. Who is the Data Controller?
Office of the Immigration Services Commissioner
Office of the Immigration Services Commissioner (OISC)
5th Floor
21 Bloomsbury Street
London
WC1B 3HF
Email: info@oisc.gov.uk
Telephone: 0345 000 0046
7. Who are the Data Protection Officers?
Jennifer Terry
Office of the Immigration Services Commissioner (OISC)
5th Floor
21 Bloomsbury Street
London
WC1B 3HF
Email: jennifer.terry@oisc.gov.uk
Telephone: 0207 211 1585
Christopher Mopas
Office of the Immigration Services Commissioner (OISC)
5th Floor
21 Bloomsbury Street
London
WC1B 3HF
Email: christopher.mopas@oisc.gov.uk
Telephone: 0207 211 1615
ANNEX A: Data we process from your application form
Data relating to your identity
- your name, title and address
- your email address
- your contact numbers
Data relating to your immigration status and history
- your nationality and place of birth
- any previous/other nationalities you may hold
- whether you are subject to immigration control
- whether there are any restrictions on your continued residence or employment in the UK
- whether you have been lawfully resident in the UK for the last 3 years
Data relating to your qualifications
- title of your qualification(s)
- subject area your qualification relates to
- grade/classification/mark attained
- dates the course was undertaken
- details of where course was undertaken
- dates qualifications were awarded
Data relating to your previous employment and experience
- details of your previous employment for the last 10 years. This would include:
- name, address and type of business of your previous employer(s)
- name, address and type of business of your current employer (if applicable)
- dates you were employed by them
- details of the position you held and an outline of your main duties
- your reason for leaving your previous employer(s)
- your present salary (if you are currently employed)
- your current notice period you are required to serve with your employer (if you are currently employed)
- details of time unaccounted for in the last 10 years
- whether you are a civil servant
- whether you are an employee of an accredited non-departmental public body
- data relating to the reference you have provided. This includes their name, address, email address, contact numbers and details of how they know you
- your last two performance appraisals and the contact details of the person from whom we can request them from. This includes their name, address, email address and contact numbers
Data relating to any interests you have that may conflict with the activities of the OISC
- details of any business interests you or your partner (if applicable) that conflict with the activities of the OISC
- details of any other interests that may conflict with the activities of the OISC
Other types of data we process from your application form
- As part of our application process we ask candidates a number of questions in our application forms in order for us to assess your suitability for the role. You may wish to answer these questions by providing examples of situations where you have demonstrated the necessary skills for the vacancy.
- Therefore, any information you have provided in answer to these questions will be processed to assess your suitability for the role.
- dates you will not be able to attend an interview should your application reach the interview stage
Depending on the type of recruitment exercise you may be asked to confirm whether or not you are a Civil Servant or equivalent, if you are a Civil Servant whether you are a member of a surplus staff pool in your current job and who we should obtain performance appraisals from.
ANNEX B: Data we process from your diversity questionnaire
- your name and title
- your position
- your NI number
- your age bracket
- your gender and gender identity
- your working pattern
- your ethnic origin
- whether you consider yourself to be disabled
- your religion or belief
- your sexual orientation