This notice may be read in conjunction with the AF&RS Employee Information Privacy Notice on our website.
The Service holds information about former employees which includes permanent and temporary staff, interns and staff seconded to AF&RS or any other individual who is or has been, on the AF&RS payroll. All former employees’ personal data that is covered by the Data Protection Legislation is in scope of this notice.
Much of the information we hold has been provided by you as part of the employment relationship or may be generated by other internal sources, such as line management, or in some cases, external sources, such as occupational health providers.
Once you leave employment with us, it will be unlikely that we are required to collect any new information from you, unless there is an ongoing requirement to do so. Please refer to the AF&RS Employee Information Privacy Notice for categories of personal information that we may hold.
Why we hold and when we may use this information
We will only use your personal information when the law allows us to and will endeavour to use your personal data in line with your reasonable expectations to ensure that any processing is fair, lawful and transparent, in line with the requirement of the Data Protection Legislation.
Below are circumstances where we may continue to hold and use your information after your employment ends, however, this is a generic list which may not relate to all individuals:
- To perform obligations of a contract we have entered into with you, such as the employment contract, or a settlement agreement. Some of the contractual obligations in these contracts continue after your employment has terminated, such as the duty to observe confidentiality
- To comply with a legal obligation, such as payroll and health & safety records to be retained in line with current legislation
- To liaise with your pension provider and the trustees/administrators of pension schemes, including ill health retirements
- If you are subject to an ongoing employment investigation or legal claim/dispute after you have left our employment, or you are cited as a witness to someone else’s investigation or claim
- To respond to you regarding queries about your employment after you have left
- To provide you with any employee related benefits to which you are entitled after the termination of your employment
- Business management and planning, including accounting and auditing
- To provide employment references to a third party
- To prevent and detect fraud and for the prevention and detection of other crimes
- To conduct data analytics studies (such as the staff survey) to review and better understand employee retention and attrition rates
- Equality and diversity monitoring (anonymous for statistical purposes)
- To keep you informed of AF&RS news if you opt to receive these communications
We may also use your personal information in the following situations
- Where we need to protect your interests (or someone else’s interests)
- Where it is needed in the public interest or for official purposes
We will only use your personal information for the purposes for which we originally collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that there may be circumstances where we may process your personal information without your knowledge or consent, in compliance with the Data Protection Legislation, or where this is required or permitted by law.
Mailing lists for former employees (pensioners)
AF&RS hold email addresses for former employees where you have indicated that you would like us to keep in touch and receive copies of the AF&RS staff bulletin, information about forthcoming retirements, socials, bereavements and general news which may be of interest. These email addresses have been provided to us by you, which mean that you have consented to us contacting you via this method.
The emails are retained until you either update us of any changes or you would like to be removed (to withdraw your consent). For former colleagues who have sadly passed away, we will remove their email address from the contact list, however, sometimes a next of kin may provide an alternative email address to stay in contact. Again, we do this by consent.
We retain any such email correspondence for the current financial year, plus a further year in line with good practice.
Our Former Employee Mailing List is held independently of that managed by the Avon Fire & Rescue Service Pensioners Association, however, we will share email addresses with them for legitimate reasons (and vice versa), taking into account your rights and expectations. If approached by a third party to share your email address, we will either gain your prior consent or pass on the third party’s details to you and then it is at your own discretion whether you wish to make contact with them, unless we are required by law to share that information.
Members of the Avon Fire & Rescue Pensioners’ Association can view their Privacy Notice by visiting their website: www.avonfirepensioners.org/your-privacy/
The lawful basis on which we use this information
The majority of the personal data that we process for you as a former employee will fall under the same Data Protection lawful basis’ for that of our current employees, such as either with your consent; for the performance of a contract of employment; compliance with a legal obligation; to fulfil our public duties (public task) as a Fire & Rescue Service and for the legitimate interests pursued by AF&RS or that of a third party.
The same will apply to the lawful processing for Special Categories (sensitive personal data) as for our current employees. However, the more common ones for our former employees being with your explicit consent (written); for us to carry out our obligations under employment law, social security or social protection; in order for us to establish, exercise or to defend a legal claim; for carrying out our public duties as a Fire & Rescue Service; and for the purposes of preventative or occupational medicine for assessing your working capacity as a former employee, such as ill health retirements and medical claims.
Further information about special category data and processing can be obtained from the Information Commissioner’s website: www.ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/special-category-data/
Storing this information
We operate a Service Records Retention Schedule that outlines how long we will retain information. For the majority of our former employee data, this will be for the current financial year plus 6 years, such as an Employee’s Personal Record File (PRF). We may hold data for longer such as via Wellworker (Oshens) incident data in line with Health & Safety legislation, and payroll data for the administration of your pension. A leaver’s IT account and email account will be deleted after leaving the organisation, unless there is a genuine business reason to retain it.
In some circumstances, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
We will ensure that the disposal of personal data will be done securely in line with our Service Policies.
Who we share this information with and why
We may share your data with third parties, including third-party service providers and other Government departments and agencies.
Please find below some examples that will typically apply to former employees:
- Pension Scheme Trustees and Administrators
- Occupational Health providers and medical/health professionals
- Payroll provider
- To seek legal advice on employment matters
- Insurance providers
- Equalities monitoring organisations (however, typically such employee information is aggregated and anonymised.)
- Her Majesty’s Revenue & Customs (HMRC) for tax purposes
- Government Departments (however, typically such employee information is aggregated and anonymised.)
- Police & Fraud Officers – under our legal duty to ensure the protection and detection of crime.
- Statutory Organisations
- Staff Welfare providers
- Employment references
- National Fraud agencies
- Avon Fire & Rescue Service Pensioners’ Association
In the event that we may transfer your personal information outside the European Union, we will ensure that it is given suitable protection.
Your Information Rights
Whether you can exercise your information rights depends on the lawful basis to which AF&RS is processing your personal data. As a former employee, your right to object to processing does not apply when processing takes places under a Contract of Employment, and when processing is on the basis of a Legal Obligation (such as employment laws / tax laws etc.). Your right to data erasure may be restricted depending on the lawful basis for processing. Where processing is based on your consent, you have the right to request to withdraw that consent at any time.
All requests to exercise your individual data rights will be reviewed on a case by case basis.
Please refer to the Information Commissioner’s website for a full list of information rights and further guidance www.ico.org.uk/your-data-matters/your-right-of-access/ and the AF&RS website www.avonfire.gov.uk/guide-to-published-information/data-protection/an-individual-s-rights-regarding-their-personal-information
There are also separate Privacy Notices for pensions depending on what scheme you are in:
- Firefighters Pension Scheme: www.avonfire.gov.uk/privacy/firefighters-pension-scheme
- Local Government Pension Scheme: www.avonpensionfund.org.uk/
As at 16.04.2019