This privacy notice explains how we process your personal data when you interact with us and information about your rights under data protection legislation.

We reserve the right to update this privacy notice. Changes apply as soon as they are published. We recommend that you visit this page regularly to find out about any updates that may have been made.

Page updated: 12 January 2024

Contact us

We are Maidstone Borough Council of Maidstone House, King Street, Maidstone, Kent, ME15 6JQ. We are the “data controller”. This means that we are responsible for deciding how we hold and use your personal data.

You can find us in the Information Commissioner’s register of organisations who have paid the data controller fee. Our reference number is Z4752882.

If you have any questions about this privacy notice or if you would like to exercise your rights, please contact the Data Protection Officer:

Maidstone Borough Council
ME15 6JQ

Phone: 01622 602000
Email: Data Protection Officer

Your rights

You have rights under data protection legislation. Full details of these rights can be found on our data protection page.

We normally have to comply when you tell us that you want to exercise your rights. There are some legal exemptions. These will be explained if an exemption applies to your request.

There is no charge for you to exercise your rights. We may refuse your request or make a reasonable charge if your request is manifestly unfounded or excessive.

Before we deal with your request we may ask you for proof of your identity. After receiving your proof we will process your request as soon as possible. We will respond within one calendar month in most cases.

How to complain

If you are not happy with how we are processing your personal data, you can complain to us using the contact details above. If you are still unhappy after contacting us, you can contact the relevant competent supervisory authority - the Information Commissioner’s Office (ICO). You can contact the ICO:

Information Commissioner’s Office
Wycliffe House
Water Lane

Phone: 0303 123 1113
Visit their website

Your obligations

It is important that you tell us if your personal data changes while you are using our services. This will mean that the data we hold about you is kept up to date and accurate.

Types of personal information we collect

We process the following types of personal data and special category data:

  • your full name, title and if applicable, any previous names.
  • your date of birth, gender, relationship status, ethnic origin, sexual orientation, religious beliefs and (if applicable) whether you are in a relationship or related to an existing employee
  • your contact details - this covers addresses, telephone numbers, and email addresses
  • details of how you heard about the position and why you applied for the position
  • details of the type of employment you are seeking, current and desired salary, willingness to relocate and other terms relating to benefit packages
  • details of your qualifications, skills and experience - this covers previous jobs, relevant work experience or other experiences, places education and exam grades
  • records of your previous employment; such as job titles, work history, working hours, training records and professional memberships
  • reference information and information received from DBS checks
  • copies of right to work documentation (evidence to demonstrate your entitlement to work in the United Kingdom); such as national insurance (NI) number and certificate details if you have or currently live outside of the UK
  • your driving licence and ability to access to a vehicle for work
  • records from any the mandatory/screening training you take as part of the application and interview process
  • responses to application, interview and phone-screening questions and any corresponding notes made by the interview panel. If applicable, copies of any presentations and/or lessons delivered (this includes micro-teach) and the corresponding notes made as part of the interview.
  • information about your health - this covers any disabilities, medical conditions, absences due to sickness and if applicable, whether you are pregnant or on maternity leave
  • Trade Union membership but only if you have mentioned this in your application
  • information about you in relation to criminal offences and restrictions on employment
  • any other details you disclose on your curriculum vitae (CV) and supporting cover letter

Why we collect your personal data and what it is used for

Our lawful basis to process your personal data is:

  • consent - we process personal data on the basis of consent if you opt to receive contact regarding other potential career opportunities. You can withdraw this consent at any time.
  • contract - we process personal data for pre-contractual purposes in order to make the arrangements to supply successful applicants with a contract.  This includes:
    • to contact you during the recruitment process
    • to assess your suitability for the job applied for - this includes carrying out reference checks
    • to consider whether to shortlist you for an interview
    • to decide whether to offer you a job
    • to establish, exercise, respond to and defend against legal claims
  • legal obligation - we process personal data to comply with legal obligations related to employment in the following circumstances:
    • to determine if you have the right to work in the UK. The law on preventing illegal working is set out in the Immigration, Asylum and Nationality Act 2006 and Immigration Act 2016.
    • to make reasonable adjustments during the recruitment process. The law on diversity, disability and discrimination is the Equality Act 2010.
    • to assess your fitness to work. The law on diversity, disability and discrimination is the Equality Act 2010.
    • to identify whether you have reached school leaving age. This is because different rules apply for employing children and young people under the Children and Young Persons Act 1993.
  • public task - the council is classed as a public authority and processes personal data to perform tasks in the public interest to:
    • carry out meaningful equality and diversity monitoring and reporting in relation to the Public Sector Equality Duty. This covers processing personal data in relation to race or national or ethnic origin, religious, philosophical or moral beliefs, or sex life or sexual orientation.
    • to ensure applicants are suitable to work with young people and vulnerable adults. The Council is required to carry out Disclosure and Barring Service (DBS) checks.
    • to keep visitors and staff safe, we use CCTV at our premises which records images
  • vital interests - in rare circumstances, we will process your personal data if it is needed to protect your vital interests. This will only happen in an emergency. For example, if the applicant has an accident whilst onsite for an interview.
  • statistical analysis - we will anonymise applicant personal data for the purposes of statistical analysis.

Once an applicant has signed an employment contract with the council, the personal data will be processed under the Employee Privacy Notice. This means that any personal data collected during the recruitment process will become part of the successful applicant’s employment record.

Sharing your personal data

Where access to the data is necessary for the performance of their roles, your personal data will be shared internally with:

  • members of the Human Resources (HR) team
  • interviewers involved in the recruitment process
  • immediate managers, and the hierarchical line managers, with responsibility for the area with the job vacancy
  • reception, IT, facilities staff

We will share applicant personal data with the referees provided. It is responsibility of applicants to obtain consent from referees before providing their personal data to the council. The council may carry out additional reference checks with other external third parties to validate applicant personal data.

We have an obligation to carry out checks with the Disclosure and Barring Service (DBS) for successful candidates that apply for roles that involve working with young people and vulnerable adults.

We require successful applicants to undergo a fitness to work assessment via occupational health. The council does not have access to the personal data supplied to occupational health but both the council and the applicant will be provided a copy of the resulting report.

If required, we will disclose your information to external third parties for the purpose of complying with applicable laws and regulations, or in response to legal process. This includes government departments and agencies, local authorities, courts and tribunals, regulatory bodies and/or law enforcement agencies.

We reserve the right to share applicant personal data in order to respond to requests for information from law enforcement agencies for the purposes of preventing and detecting criminal activity.

Keeping your personal data

We will hold personal data for unsuccessful applicants on file for 6 months from the end date of the recruitment process for the position applied for. This will apply to applicants who applied to the post, regardless of whether you are successful in being contacted for an interview.

We have the right to retain unsuccessful applicant personal data in the instance that it is needed to enable is to establish, exercise, respond to and defend against legal claims. In these circumstances, applicant personal data will be retained for 6 months after the legal proceedings have ended.

We will retain personal data from applicants who speculatively apply to the Council in respect of a role which is not available for the same retention period as unsuccessful applicants.

If you are successful, any personal data collected during the recruitment process will be transferred to your employee personnel file. The retention periods for employee personal data are provided in the Employee Privacy Notice.

Storing your personal data

We transfer your personal data to be stored in the EU and EEA (European Economic Area).