How we use your information
This privacy notice is to explain and provide you with information on how we collect and hold information about you obtained from the Coronavirus (COVID-19) Individual Employee Questionnaire or by other means in relation to the unprecedented challenges we face as a result of the Coronavirus pandemic (COVID-19).
Who is the data controller for this processing
All personal data held is processed in accordance with data protection law and is limited to what is proportionate and necessary. The Data Controller for the information outlined in this privacy notice is Calderdale MBC.
What type of information will be collected
- Personal Information (eg name)
- Characteristics (eg age, ethnicity, gender)
- Health Information about yourself or, if you live with or provide care to anyone that is vulnerable in your household
- Childcare arrangements (where appropriate)
- Working arrangements
- Equal Opportunities monitoring data (if you have chosen to provide it).
Why the information is collected
- Personal and sensitive personal data is being collected in order to assess and provide support to employees who are in high-risk categories and would be considered vulnerable if they became infected with Coronavirus (COVID-19).
- The information is required so we can support you to work safely during COVID-19 taking into account the latest guidance issued by the
- To ensure the health and safety of employees and to allow consideration of any adjustments that may be required to support you to work safely.
- To enable the Council to effectively fulfil its functions by putting contingency plans into place to safeguard those vulnerable and to aid business continuity and planning of service delivery.
- It is not mandatory to complete the Equal Opportunities Monitoring data, however, collection of this data enables us to monitor the Council’s progress and performance in order to comply with the Equality Duty Act 2020, to ensure that all people are treated fairly and equitably.
Who we share your personal information with
The information you provide in the Coronavirus (COVID-19) Individual Employee Questionnaire will be shared with your manager, Human Resources and Occupational Health where appropriate.
We will not share information about you with third parties without your explicit consent unless the law allows us to do so.
The lawful basis for the processing of your personal data
The Council will apply the following sections of the General Data Protection Regulation and Data Protection Act 2018 (other elements may be applied dependent upon emerging events) when processing personal information:
- Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject.
- Article 6(1)(d) – processing is necessary in order to protect the vital interests of the data subject or of another natural (living) person
- Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the
Processing of special categories of personal data:
- Article 9(2)(b) - processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law
- Article 9 (2) (c) – processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent
- Article 9(2)(h) - processing is necessary for the purposes of preventative or occupational medicine, where is it necessary for the provision of social care, the provision of health care or treatment or for the management of a health or social care system
- Article 9(2)(i) – processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health.
- Schedule 1, Part 1(1) – is necessary for the performance or exercising obligations or rights which are imposed or conferred by law on the controller or the data subject in connection with employment, g. Health and Safety at Work Act 1974.
- Schedule 1, Part 1(3) – is necessary for reasons of public interest in the area of public health, and is carried out by or under the responsibility of a health professional, or by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law, g. Governmental guidance published by Public Health England.
How long we keep your personal data
We will only keep your personal data (including sensitive personal data) and medical information provided in relation to the Coronavirus (COVID-19) Individual Employee Questionnaire whilst delivering support and assistance to you for the duration of the COVID-19 response. All information will be held securely and when the information is no longer needed for this purpose, it will be securely destroyed.
Equal Opportunities data will be kept in line with the applicable staff information retention rule. For information about how long we hold your personal data, see HR Retention and Disposal Schedule.
Your rights
This privacy notice is an addendum to the main Calderdale Council staff privacy notice.. This gives further details of your rights under GDPR and how your information is processed.
If you require further information about how we process your personal information (including sensitive personal data) in respect of the Coronavirus (COVID-19) response, you can email hr.covid@calderdale.gov.uk.
If you require further information about how we process your medical information in respect of Coronavirus (COVID-19) you can email occupationalhealth@calderdale.gov.uk.
If you have any concerns or complaints about how your data is processed in the Coronavirus (COVID-19) Individual Employee Questionnaire. You can contact the Council’s Data Protection Officer at information.management@calderdale.gov.uk.
You also have the right to lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk