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Privacy Notice

1.- Purpose of privacy notice

The Department of Employment is committed to protecting and respecting your right to privacy. This privacy notice aims to provide you with information on what data we collect about you, what we do with that information and why we do it, who we share it with, and how we protect your privacy.

This notice covers all personal data collected by the Department of Employment and where we tell other organisations to collect information for us. This is the same whether the data are collected by letter, email, face to face, telephone or online.

The Department of Employment holds and processes personal data in accordance with the European Union’s General Data Protection Regulation (“GDPR”) and the Data Protection Act 2004.

It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. 

We may change this privacy notice from time to time, so please check occasionally to ensure that you are happy with any changes.

2.- Personal Data

Personal data are information that identifies a living person. That can be obvious information like a name or an address, but it may also be something like an IP address.

This includes information you tell us about yourself, information we are provided by other people or organisations, or what we learn when you use services we provide.

Some information are considered more sensitive or special:

  • Sexuality and sexual health.

  • Religious or philosophical beliefs.

  • Ethnicity.

  • Physical or mental health conditions.

  • Trade union membership.

  • Political opinion.

  • Genetic/biometric data.

  • Criminal history.

If for any reason we have to collect any of the above , we will inform you of the reason and we will take extra care when collecting and using these types of special information.

3.- Who we are

The Department of Employment is the data controller and is responsible for your personal data (collectively referred to as the Department of Employment, “we”, “us” or “our” in this privacy notice).

If you have any questions about this privacy notice or any of our privacy practices, please contact us on the below details:

Department of Employment

HM Government of Gibraltar
Unit 75 – 77 New Harbours, Rosia Road
Gibraltar
GX11 1AA

Email: employment.service@gibraltar.gov.gi

Tel: (+350) 20011000

Alternatively, you can contact our Data Protection Officer:

Government Law Offices
No.40 Town Range
Gibraltar
GX11 1AA

Email: dpo@gibraltar.gov.gi

4.- What personal data do we collect?

Personal data means any information about you from which you can be identified. It does not include data where the identity has been removed (anonymisation).

The Department of Employment collects, stores, and processes personal data in order to be able to provide employment services, in accordance with Gibraltar Employment Laws, the Proceeds of Crime Act, International Co-operation Tax Laws and Data Protection Laws and/or any other legislation in force at any given time, which may apply to us.

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data – this includes [first name, maiden name, last name, username or similar identifier, marital status, nationality, title, date of birth, gender and identity card or passport details].

  • Contact Data – this includes [residential address, email address and telephone numbers].

  • Employment Details – this includes [employment status, employers past, current and prospective, your salary, pension scheme details, conditions of employment and termination details. It may also include your CV and any applications to job vacancies you have applied to through our services].

  • Financial Data – this includes [bank account and payment card details].

  • Transaction Data – this includes [details about payments to and, from you and other details of any payment services you have interacted with us].

  • Profile Data – this includes [your username and password, your interests, preferences, qualifications, feedback and survey responses].

Personal data about you and your employment is private and confidential and will not be disclosed to anyone not connected with the provision of our services, unless you give us your consent, the disclosure forms part of a Data Sharing Agreement, or the law permits or requires it.

  1. The Department of Employment will hold Data Sharing Agreements with some Government Departments and we will disclose information to these Government Departments who may be assessing you for payment of benefits, residency entitlements or any other such access to public funds.

  2. Where required by law, we will disclose information to law enforcement or fraud prevention bodies, judicial bodies, Government departments, taxation or regulatory authorities.

5.- How we collect your personal data

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, and email or otherwise. This includes personal data you provide when you:

    • Raise a complaint with us.

    • Use our services.

    • Create an account on our website.

    • Give us feedback or contact us.

  • Third parties or publicly available sources. We will receive personal data about you from other government departments and public sector authorities, or from other third party organisations, as set out below:

      • Civil Status & Registration Office – which may include [residency status and residential address] for the purposes of identifying entitlements to register with our services and/or take up employment.

      • Borders & Coastguard Agency – which may include [details of entry and exit to Gibraltar, residency status, visa status and entry entitlements] for the purposes of identifying entitlements to register with our services and/or take up employment.

      • Housing Department – which may include [your status of entitlement to reside at a government owned property] for the purposes of entitlement to register with our services and/or take up employment.

      • Income Tax Office – which may include [any change of your status that could affect your records held by us].

      • Department of Social Security - which may include [any change of your status that could affect your records held by us].

      • Gibraltar Health Authority -which may include [any change of your status that could affect your records held by us].

      • Royal Gibraltar Police – only under your consent through official forms provided which may include [any criminal history].

6.- How we use your personal data

We will always comply with data protection law. This says that the personal information we hold about you must be-

  1. Used lawfully, fairly and in a transparent way.

  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

  3. Relevant to the purposes we have told you about and limited only to those purposes.

  4. Accurate and kept up to date.

  5. Kept only as long as necessary for the purposes we have told you about.

  6. Kept securely.

We will only use your personal data for the purpose for which we collected it, which include the following:

  • To register you to our services.

  • To register and record your employment details.

  • Where we need to comply with a legal obligation.

  • Where we need to perform the service we are about to enter into or have entered into with you.

  • To manage your service user interaction with us.

  • To improve our website, services, or customer relationships.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. 

Generally, we do not rely on consent as a legal basis for processing your personal data.

 

Purpose/Activity

Type of data

Lawful basis

 

To register you to our services.

 

  1. Identity

 

  1. Contact

 

  1. Qualifications

 

  1. Preferences

 

  1. Employment History

 

  1. Medical information

 

  1. Criminal history

 

 

 

(a) Necessary for contractual obligations.

 

(b) Necessary for the performance of a task carried out in the public interest or under official authority vested in us as a data controller.

 

(c) Medical information will also be processed in accordance with Article 9(2) of the GDPR – necessary for the purposes of carrying out the obligations and exercising specific rights in the field of employment and social security and social protection law.

 

(d) Criminal history will also be processed in accordance with Article 10 of the GDPR – whenever necessary to comply with a legal obligation or performance of a task vested in our official authority. This processing will always be carried out for statutory and government purposes.

 

 

To manage our relationship with you which will include:

  1. Notifying you about changes to our terms or privacy notice.

 

  1. Asking you to leave a review or take a survey.

 

 

  1. Identity

 

  1. Contact

 

  1. Profile

 

 

 

  1. Necessary to comply with a legal obligation.

 

  1. Necessary for our legitimate interests (to keep our records updated and to study how service users use our services).

 

To carry out investigations into alleged breaches of employment law.

  1. Identity

 

  1. Contact

 

  1. Employment History

 

  1. Salary/wages

 

Necessary to comply with a legal obligation.

 

To administer and protect our services and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

 

  1. Identity

 

  1. Contact

 

  1. Technical

 

 

 

  1. Necessary for our legitimate interests (for running our service, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).

 

  1. Necessary to comply with a legal obligation.

 

To take payments for services and transactions.

(a) financial data

 

(b) transactional data

Necessary for contractual obligations

 

7.- Security, sharing and disclosure of personal data

The security and confidentiality of your data is very important to us.

We will:

  • Ensure safeguards are in place to make sure personal data is kept secure in compliance with Government’s Information Security Policy.

  • Ensure that your data remains under the control of our authorised controllers and processors with adequate safeguards to protect your rights.

  • Ensure only authorised staff are able to view your data.

  • Not make your information available for commercial use.

  • Only ask you for what is needed.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

All of our staff are trained in the importance of protecting personal and other sensitive information. All civil servants are required to work in line with the core values set out in the General Orders, including; integrity and honesty.

8.- Transferring your personal data internationally

We do not ordinarily transfer your personal data outside the European Economic Area (EEA).

Should we ever transfer your personal data out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

  • Where we use certain service providers, we may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

9.- Retention of personal data

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe, there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law, we have to keep basic information about our service users (including contact, identity, financial and transaction data) for 40 years after life cycle as per Accounting Instructions.

In some circumstances, you can ask us to delete your data: see [Your Rights] below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10.- Your rights

You have the right to ask us:

  • to confirm whether we hold any of your personal data;

  • to provide you with a copy of any personal data that we hold about you;

  • to correct any inaccuracies in your personal data and to modify it in such a way if you believe the personal data we hold is incomplete;

  • to delete (in as much as is possible in the specific circumstances) any of your personal data, where we are required to do so by law;

  • to stop processing your personal data, where required to do so by law;

  • to let you have a portable copy of the personal data we hold about you, where required to do so by law;

  • to stop processing any of your personal data that is processed by us on the basis of our legitimate interests; and

  • where we process your personal data on the basis that you have given us your consent to do so, you may contact us at any time to withdraw your consent;

If you wish to exercise any of these rights, or object to our processing your personal data, please email us on employment.service@gibraltar.gov.gi or write to us at:

Department of Employment
HM Government of Gibraltar
Unit 75 – 77 New Harbours, Rosia Road
Gibraltar
GX11 1AA

If you remain dissatisfied, you can make a complaint about the way we process your personal information to the Gibraltar Regulatory Authority details found on their website at www.gra.gi or by emailing them on info@gra.gi