Job Application Privacy Notice

Data controller: Ypeople

Data protection compliance representative: Jennifer Allan, Head of People

As part of any recruitment process, Ypeople collects and processes personal data relating to job applicants. Ypeople is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does Ypeople collect?

Ypeople collects a range of information about you. This includes your name, address and contact details, including email address and telephone number;

  • details of your qualifications, skills, experience and employment history;
  • information about your current level of remuneration, including benefit entitlements;
  • whether or not you have a disability for which Ypeople needs to make reasonable adjustments during the recruitment process; and
  • information about your entitlement to work in the UK.

Ypeople may collect this information in a variety of ways. For example, data might be contained in application forms, CVs (where accepted) or, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment during the recruitment process.

Ypeople may also collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks. Ypeople will seek information from third parties only once a job offer to you has been made and will inform you that it is doing so.

Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).

Why does Ypeople process personal data?

Ypeople needs to process data to take steps at your request prior to entering into a contract with you. It may also need to process your data to enter into a contract with you.

In some cases, Ypeople needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a successful applicant’s eligibility to work in the UK before employment starts.

Ypeople has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows Ypeople to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. Ypeople may also need to process data from job applicants to respond to and defend against legal claims.

Ypeople may process special categories of data, such as information about ethnic origin, sexual orientation or religion or belief, to monitor recruitment statistics. It may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. Ypeople processes such information to carry out its obligations and exercise specific rights in relation to employment.
For all roles, Ypeople is obliged to seek information about criminal convictions and offences. Where Ypeople seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment.

This information is processed by Disclosure Scotland, which is an Executive Agency of the Scottish Government and runs on behalf of Scottish Ministers. Where Ypeople seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to statutory legal obligations and the requirements of our regulatory bodies. Membership or certificate number, date the check was carried out, and expiry date are all recorded on the password protected HR Management System. Certificates are stored in a secure filing system and destroyed and replaced after any update has been carried out. The certificates of those leaving the organisation will be destroyed one month after the leaving date.

If a relevant conviction is declared a Risk Assessment exercise is undertaken by the line manager, which is then authorised by a senior manager. The risk assessment documentation will be retained with the certificate in a secure storage system, separate from the employee file for 3 years until the next scheduled update is carried out.

Ypeople will not use your data for any purpose other than the recruitment exercise for which you have applied.

Who has access to data?

Your information may be shared internally for the purposes of the recruitment exercise. This includes members of the HR department, interviewers involved in the recruitment process, managers in the business area with a vacancy and senior managers in this area.

Only the HR department have access to any relevant criminal information disclosed by the applicant until after the short listing of application forms has been completed. Recruiting managers do not have access to any information gathered for the purposes of equal opportunities monitoring.

Ypeople will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment. Ypeople will then share your data with former employers to obtain references for you, employment background check providers to obtain necessary background checks and the Disclosure Scotland service to obtain necessary criminal records checks.

Ypeople will not transfer your data outside the European Economic Area.

How does Ypeople protect data?

Ypeople takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.

The steps taken to ensure data is protected are:

  • Restricted Permission Access to electronic folders on the shared drive.
  • Locked filing cabinets to store personal data, special categories of data and criminal record information.
  • Local Restrictions on making copies, printing and transporting hard copies of personal data and confidential files.
  • Local Restrictions on what information is appropriate to send electronically.
    Password Protection on emailed documents, which is disclosed separately to the intended recipient.
  • Retention and cleansing timescales for data.
  • Anonymising information gathered for equal opportunities monitoring.
  • Secure destruction of personal data information after 6 months, for unsuccessful candidates, and candidate data that has been sent electronically is deleted.

For how long does Ypeople keep data?

If your application for employment is unsuccessful, Ypeople will hold your data securely on file for 6 months after the end of the relevant recruitment process. At the end of that period, your data is deleted or securely destroyed. Equal opportunities forms are destroyed within 6 months of recording.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.

Your rights

As a data subject, you have a number of rights. You can:

  • access and obtain a copy of your data on request;
  • require Ypeople to change incorrect or incomplete data;
  • require Ypeople to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
  • object to the processing of your data where Ypeople is relying on its legitimate interests as the legal ground for processing.

If you would like to exercise any of these rights, please contact Jennifer Allan, Head of People, who has been appointed as the person with responsibility for data protection compliance within Ypeople. They can be contacted at . Questions about this policy, or requests for further information, should be directed to them.

If you believe that Ypeople has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to Ypeople during the recruitment process. However, if you do not provide the information, Ypeople may not be able to process your application properly or at all.

Automated decision-making

Recruitment processes are not based solely on automated decision-making.