Privacy Notice for Staff
This page tells you how the Royal Devon uses and manages the personal data or information we hold about you, including how we share it with NHS and non-NHS organisations and how we maintain confidentiality.
The Data Protection Act controls how your personal information is used by organisations, businesses or the government. Under the Act our Trust is defined as a "data controller" of personal information. We collect personal information to help us employ and manage staff.
This Privacy Notice explains what personal information we collect from you, how we store this personal information, how long we retain it and with whom and for which legal purpose we may share it. The Trust also publishes a number of specific notices which are available at the bottom of this page.
Who we are
The Royal Devon is one of the highest performing healthcare organisations in Europe with a proven international reputation for its quality of care, information technology, clinical education and training and research. The Trust employs more than 9,500 staff.
The Royal Devon is registered with the Information Commissioner’s Office to process personal and special category information under UK Data Protection legislation.
For further information please refer to the ‘Information Governance’ page
Why do we collect personal information about you?
The Trust collects stores and processes personal information about prospective, current and former staff to ensure compliance with legal or industry requirements.
We recognise the need to treat staff personal and sensitive data in a fair and lawful manner.
No personal information held by us will be processed unless the requirements for fair and lawful processing can be met.
Your information will never be sold for direct marketing purposes or processed overseas.
What is our legal basis for processing your personal information?
Processing of employee personal information is necessary for the purposes of carrying out the obligations and exercising specific rights of the data controller (the Trust) or of the data subject (staff member) in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
The Trust does not require explicit consent of employees to process their personal data if the purpose falls within the legal basis detailed above.
For further information on this legislation please visit: http://www.legislation.gov.uk/
What personal information do we need to collect about you and how to we obtain it?
Personal information about you will largely be collected directly from you during your recruitment and employment. Personal information may also be collected from healthcare professionals in certain circumstances, through national checks such as DBS etc.
In order to carry out our activities and obligations as an employer, we handle data in relation to:
- Personal demographics (including gender, race, ethnicity, sexual orientation, religion)
- Contact details such as names, addresses, telephone numbers and emergency contact(s)
- Employment records (including professional membership, references and proof of eligibility to work in the UK and security checks)
- Bank details
- Pension details
- Occupational health information (medical information including physical health or mental condition )
- Information relating to health and safety
- Trade union membership
- Trust’s governors/membership
- Offences (including alleged offences), criminal proceedings, outcomes and sentences
- Employment Tribunal applications, complaints, accidents, and incident details
What do we do with your personal information?
Your personal information is processed for the purposes of:
- Staff administration and management (including payroll and performance)
- Contact details such as names, addresses, telephone numbers and emergency contact(s)
- Pensions administration
- Business management and planning
- Accounting and Auditing
- Accounts and records
- Health administration and services
- Information and databank administration
- Crime prevention and prosecution of offenders
- Sharing and matching of personal information for national fraud initiative
Who do we share your personal information with and why?
We will not routinely disclose any information about you without your express permission. However, in order to enable effective staff administration and comply with our obligations as your employer, we will share the information which you provide during the course of your employment (including the recruitment process) with the NHS Business Services Authority for maintaining your employment records, held on systems including the national NHS Electronic Staff Record (ESR) system. In addition to this we may also share with health Education England, Academic faculties, Streamlining programme and other NHS Trusts.
Any disclosures of personal data are always made on a case-by-case basis, using the minimum personal data necessary for the specific purpose and circumstances and with the appropriate security controls in place. Personal Information is only shared with those agencies and bodies who have a "need to know" or where you have consented to the disclosure of your personal data to such persons.
Where possible, we will always look to anonymise/ pseudonymise your personal information so as to protect confidentiality, unless there is a legal basis that permits us to use it, and will only ever use/ share the minimum information necessary. However, there are occasions where the Trust is required by law to share information provided to us with other bodies responsible for auditing or administering public funds, in order to prevent and detect fraud.
For any request to transfer your data internationally outside the UK/EU we will make sure that an adequate level of protection can be satisfied before the transfer.
There are a number of circumstances where we must or can share information about you to comply or manage with:
- Disciplinary/ investigation processes; including referrals to Professional Bodies, e.g. NMC and GMC
- Legislative and/or statutory requirements
- A Court Orders which may have been imposed on us
- NHS Counter Fraud requirements
- Request for information from the police and other law enforcement agencies for the prevention and detection of crime and/or fraud if the crime is of a serious nature
How we maintain your records
Your personal information is held in both paper and electronic forms for specified periods of time as set out in the NHS Records Management Code of Practice for Health and Social Care and National Archives Requirements.
We hold and process your information in accordance with the Data Protection Act 2018 as amended by the GDPR 2016, as explained above. In addition, everyone working for the NHS must comply with the Common Law Duty of Confidentiality and various national and professional standards and requirements.
We have a duty to:
- maintain full and accurate records of the care we provide to you
- keep records about you confidential and secure
- provide information in a format that is accessible to you
Use of Email - Some services in the Trust provide the option to communicate with patients via email. Please be aware that the Trust cannot guarantee the security of this information whilst in transit, and by requesting this service you are accepting this risk.
Further information can be found in our Information Governance policies
What are your rights?
If we need to use your information for any reasons beyond those stated above, we will discuss this with you and ask for your explicit consent.
The Data Protection Act 2018 gives you certain rights, including the right to:
- Request to access the personal data we hold about you, e.g. personnel records.
- If you wish to do this, please contact the Trust’s, Human Resources Department in writing. Please remember to include details of the information you require plus contact details and two forms of identification such as a copy of your driving license/ passport and also a document with your name and address on such as a utility bill
- Request the correction of inaccurate or incomplete information recorded in our records, subject to certain safeguards. Contact the Information Governance Team for further information
- Request that your information be deleted or removed where there is no need for us to continue processing it and where the retention time has passed
- Ask us to restrict the use of your information where appropriate
- Ask us to copy or transfer your information from one IT system to another in a safe and secure way, without impacting the quality of the information
- To object to how your information is used
- To challenge any decisions made without human intervention (automated decision making)
Data Protection Officer
Data Protection Officer (Interim) – Phil Milverton
Information Governance OfficeDevonshire House Riverside Road Barnstaple EX31 1SW
Information Commissioners Office
The Information Commissioner’s Office (ICO) is the body that regulates the Trust under Data Protection and Freedom of Information legislation.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the ICO at:
Information Commissioner's Office
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510