Working Time Regulations – Privacy Notice

Your Data

The Council has a range of employee related policies including the Working Time Policy.

For those involved in managing, or being managed through this policy, more personal information is generated to document the process and to make appropriate decisions.

If you have made a request to opt out of the Working Time Regulations, personal information submitted as part of the application will be shared with your line manager, the Chief Officer for People & Organisation and either their Chief Officer or Director, depending on who is available to make a decision on the submitted request.

If you are a Night Worker under the Working Time Policy, your details will be kept on a list of for monitoring purposes. If, as a Night Worker you are requested to complete a medical questionnaire, this will be shared with the Council’s Occupational Health provider so that they can assess your suitability for this type of work.  The Council’s Occupational Health provider has a separate privacy notice advising how it handles your data.  Please take time to read it carefully.

if you are deemed as having health issues due to your night working, the outcome of the assessment will be shared with your line manager and the relevant People & Organisation team. This is to enable the resolution to the situation that is causing your health issues.

How long we will keep your information for

How long information generated by the Working Time Policy is retained is as follows:

Working Time Policy Documents – Employee does not work with children or vulnerable adults

 

 

Duration Held for

Any written documents produced as a result of the Working Time policy. 6 years post termination of employment
Working Time Policy Documents – Employee who works with children or vulnerable adults

 

 

Duration Held for

Any written documents produced as a result of the Working Time policy. 25 years post termination of employment

 

The Council’s Retention & Disposal Schedule sets out the retention periods for any information about you which won’t be destroyed at the same time as your employee file.

Your rights

Aberdeen City Council is the Data Controller for this information. You’ve got legal rights about the way the Council handles and uses your data, which include the right to ask for a copy of it, and to ask us to stop doing something with your data. Please contact the Council’s Data Protection Officer by email on DataProtectionOfficer@aberdeencity.gov.uk or in writing at: Data Protection Officer, Marischal College, Aberdeen, AB10 1AB. See more information about all of the rights you have. You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your data lawfully.

Please note if your complaint is not about data protection but instead is about an employment matter, then this should be raised initially with your line manager and if necessary through the Council’s grievance procedure.

Our legal basis

Whenever the Council processes personal data we need to make sure we have a basis for doing so in data protection law. We understand our basis in data protection law to be Article 6(1)(b) of the General Data Protection Regulation (GDPR) because processing your personal information is necessary for us manage our relationship with you, as your employer.

As part of this relationship, the Council is also likely to process special categories of personal data.

The Council understands our legal basis for doing so as Article 9(2)(b) of the GDPR as processing is necessary for carrying out our obligations in the field of employment.

 

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