Why do we collect and use this information?
Hampshire County Council is the Data Controller for the purpose of collecting and using information from those applying to become an Authorised Driver for Hampshire County Council transport contracts. As this role involves substantial opportunity for access to children and/or vulnerable adults, this meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974. Therefore, an individual wishing to become an Authorised driver is subject to a criminal record check from the Disclosure and Barring Service (DBS), and an overseas check known as a “good conduct bond” from all other countries resided in during the 10 years prior to the date of application.
We collect information about you to request a DBS disclosure in respect of work (including voluntary work) you wish to undertake for Hampshire County Council with children and/or vulnerable adults and to identify the need for any overseas checks to be undertaken. We hold this personal data securely and use it to:
- send you a personalised link for a DBS check
- identify the need to request a good conduct bond for qualifying periods spent abroad
- confirm your identity, if required
- make a decision as to whether to approve your application to become an authorised driver
- communicate the outcome of any decision taken
- ensure compliance with our obligations under the accuracy principle of the UK General Data Protection Regulation (Article (5)(1)(d)), making sure our records about you are up to date
The categories of information that we collect, hold and share
The following personal and special category information is processed:
- your personal information (name, home address, contact telephone number, email address, date of birth, county of birth and periods of residence outside the UK)
The lawful basis on which we use this information
We collect and use the information ensuring that we comply with the UK General Data Protection Regulation (GDPR) the Data Protection Act 2018 (DPA2018) requirements for processing through:
- Article 6(1)(e) – the processing is necessary to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
- Article 9(2) (g) – Necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguarding measures
- Sch.1, Pt.2, 1 – Substantial public interest conditions, for processing under the DPA2018
These articles under the UK GDPR and DPA2018 are supported by the following specific legislation:
- Sections 508B, 508C and Schedule 35B of the Education Act 1996 (the Act), as inserted by Part 6 of the Education and Inspections Act 2006 (the EIA 2006)
- Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
- Police Act 1997 (Criminal Records) regulations
Under this lawful basis we do not require your consent to process this information but we are required, through this privacy notice, to ensure you are fully informed of why we are collecting this information and what we will do with it.
Please note that no automated decision making (decisions taken without a person involved) occurs for any parts of these activities controlled by the County Council. Information is not used for profiling purposes.
Storing and securing data
Your paper Form B application and any additional evidence submitted will be retained for up to 38 years in paper and/or electronic format in line with record management guidance for personnel records for individuals who work with children or vulnerable adults. Documents may be scanned (if paper submission) to create an electronic record and stored within the County Council’s Document Management System (DMS).
Details from your application form, additional evidence, DBS application and disclosure will be held electronically within the County Council’s Driver Database, which we use to ensure drivers are authorised to drive on Hampshire County Council contracts. The information held on the Driver Database will be kept within the County Council’s secure servers on site within the UK for up to 38 years in line with record management guidance for personnel records for individuals who work with children or vulnerable adults and then deleted.
The County Council takes its data security responsibilities seriously and has policies and procedures in place to ensure the personal data held is:
- prevented from being accidentally or deliberately compromised
- accessed, altered, disclosed or deleted only by those authorised to do so
- accurate and complete in relation to why we are processing it
- continually accessible and usable with daily backups
- protected by levels of security ‘appropriate’ to the risks presented by our processing
The County Council also ensures its IT Department is certified to the internationally recognised standard for information security management, ISO27001.
Who do we share information with?
We do not share information with anyone unless there is a lawful basis that allows us to do so.
For a DBS check to be completed your information will be shared with the Disclosure and Barring Service in order for an individual reference number and a link to an electronic application form to be created and sent to you.
An external ID validation check is an alternative way of verifying the identity of an applicant. Hampshire County Council has a contract with a company called Equifax which is a recognised service provider for additional validation. The County Council may share your name, date of birth and address for an identity search with Equifax, if required.
Depending on the individual circumstances of each situation, we may have to share this information with other teams within the County Council to fulfil other duties and powers to support our work. These might include teams such as our Data Protection Team (for personal data incidents); and/or Local Authority Designated Officer (LADO). We may also share information through the County Council’s role in the Hampshire Safeguarding Children Partnership (HSCP) to comply with their statutory duties.
Requesting access to your personal data and your rights
Under data protection legislation, individuals have the right to request access to information about them that we hold. To make a request for your personal information, or someone you have responsibility for, please contact the Children’s Services Department’s Subject Access Request (SAR) Team.
You also have the right to:
- prevent processing for the purpose of direct marketing
- object to decisions being taken by solely automated means
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed
- claim compensation for damages caused by a breach of the Data Protection regulations
Please note that under the UK GDPR, there is also a right to erasure but the right to erasure does not provide an absolute ‘right to be forgotten’. Where the data being processed is for the purpose of ‘performing a task in the public interest or for our official functions, and the task or function has a clear basis in law’ (Article 6(1)(e))’, this right does not automatically apply.
You have some legal rights in respect of the personal information we collect from you. See our Data Protection page for further details.
You can contact the County Council’s Data Protection Officer by email email@example.com.
If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office.