Liberata Employment Check Privacy Policy
Who are we?
Check is an online system for Disclosure and Barring Service (DBS) and Disclosure Scotland disclosures
This service enables public, private and voluntary sector employers to make decisions about whether people are unable or unsuitable for certain types of work, particularly occupations involving regular contact and work with vulnerable groups including children.
The service is provided by Liberata UK Limited (Liberata). Liberata uses a web site provided and operated for us by Kent County Council to provide the service.
Liberata’s Privacy Policy
When you use the service, Liberata collects and uses personal information about you.
This policy explains what we do with your information in a standard or enhanced disclosure application: how we use it and safeguard it.
Data Protection law (the General Data Protection Regulation and the Data Protection Act 2018) regulates what we can do with your information. Liberata is responsible, as a Data Controller, for looking after it properly. Our Data Protection Officer is Tim Collins (tim.collins@liberata.com).
The Employment Check service requires us to collect a range of different types of information about you, from you and from others involved in the process. We share it with the DBS and Disclosure Scotland, and with Experian (the Credit Reference Agency), the Police and other regulatory authorities. Kent County Council, which progresses your application through its website and is the Data Processor of your information, is able to review your application as it progresses.
Kent County Council and the DBS have their own separate Privacy Policies and you will need to read and give your consent to the DBS using the data which you supply when you make your application.
The information we collect and hold
Some of the information which we collect to provide the service is provided by you, and also by the person who verifies your ID information during the process:
· your identity data including title, name(s), date of birth, NI number, nationality, address history and place of birth;
· your contact details including email address, telephone number(s) and postal address;
· your declaration of whether you have any convictions, cautions, reprimands or warnings; and
· information from your ID documents.
Some of the information we collect is provided by the person who asks for the disclosure (a manager, for example):
· the ID verifier’s / manager’s name and email address.
And some of it is provided by Experian, and by the DBS and Disclosure Scotland:
· the outcome of your external ID validation check (pass/fail); and
· your disclosure certificate information.
What is the legal basis for Liberata processing your information?
We only collect information which you have agreed to provide and we process it because you are giving your consent to Liberata and to the DBS when you make the application to process your DBS application.
Who is the data controller?
A data controller decides the purpose for processing personal data and the way in which it is processed. Liberata is the data controller of the information which it collects and uses to process DBS applications.
Who are the data processors?
A data processor is anyone (apart from an employee of the data controller) who processes personal data on behalf of the data controller.
Liberata uses Kent County Council to process DBS applications and Kent County Council is the data processor. Kent County Council engages other third parties to operate its service. You can see its Privacy Notice here: KCC’s Privacy Notice.
Where an external ID check is required in order to meet the DBS’s ID verification requirements Liberata will share your personal data with Experian to carry out this check. Experian may check the details you supply against any particulars on any database (public or otherwise) to which it has to carry out the relevant verification service. This check will leave a specific (non-credit) footprint, and Experian will make a record of the decision made for us (Experian’s Client) to retrieve for audit purposes. You can see Experian’s Information Notice here: Experian's Information Notice
What is the DBS’ privacy policy?
The DBS has its own Privacy Policy which explains how it uses the information it holds about you when you make a standard or enhanced disclosure application. You can see its Privacy Policy here: DBS’s Standard/Enhanced Privacy Policy .
What does Liberata do with your personal data?
Liberata only uses your information to process your disclosure application. We only ask you to provide information which we and the DBS need to process the application and only appropriate people, who need access to it to provide the service and who are subject to a duty of confidentiality, are able to see it.
The application process is web-based and, as a user, you will receive a link to the Employment Check site and a password to enter the system and make your application.
Your information is held by Liberata throughout the application process. As soon as the result of your application is received from the DBS, the application is archived. The archived record is held on the system for 6 months after which it is purged from Liberata’s system and destroyed.
The DBS has a separate retention policy for applications; details are contained in its Privacy Policy (above).
What are your rights?
Data Protection Law gives you certain rights. In relation to your DBS application, these are rights to know what we are doing with your information and why we are doing it, to ask to see what information we hold about you, to ask us to correct any mistakes in the information we hold about you and to make a complaint to the Information Commissioners Office.
You may also be entitled to ask us to delete information we hold about you, to have your information transferred electronically to yourself or to another organisation, to object to decisions being made that significantly affect you, to object to how we are using your information and to stop us using your information in certain ways.
In some circumstances, where you have provided your consent for the processing of your criminal records information you have the right to withdraw your consent at any time. You can do this by notifying us in writing via email employment.check@liberata.com. When we receive your notification that you have withdrawn your consent we will stop processing your application, unless we have another legitimate basis for doing so in law
If you make a request to exercise any of your rights, we will try to comply with it, but we may be required to hold or use your information to comply with legal duties. The DBS has its own rules and requirements for the information which it holds about you and you may need to ask it to take action about any of that information separately.
If you make a request, it may delay or prevent us delivering the service to you.
You can find further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of your rights, please contact Liberata’s Data Protection Officer (tim.collins@liberata.com)