Fair Processing Notice
Here you will find the Fair Processing Notice for the Employment and Equal Opportunities Service (EEOS).
The Employment Relations Service (ERS) is transitioning to the Employment and Equal Opportunities Service (EEOS) and will be led by a Statutory Official known as the Director of EEOS from 1st October 2023. EEOS will remain under the Committee for Employment and Social Security for all intents and purposes. The aim of the service is to support employers, employees, trade unions and good and service providers to understand local employment and discrimination legislation and from 1st October 2023 the service will manage employment-related and discrimination-related complaints.
The Senior Employment Relations Officer is currently the registered data controller but with effect from 1st October 2023 the Director of the Employment and Equal Opportunities Service will replace them as the registered data controller for all activities summarised within this notice and are undertaken in accordance with its core mandate and legislative requirements.
The Advice & Conciliation Officers offer free advice to anyone with a query. During conciliation, the primary aim of the Advice & Conciliation Officers, is to settle the complaint the applicant and the respondent, which would avoid its escalation to a Tribunal hearing. For the purpose of clarification, the applicant is the person (here an employee) who initiates the complaint. The respondent (here the employer) is the entity against whom the complaint is made.
In certain circumstances personal data may be shared with The Employment & Discrimination Tribunal (E&DT). The Secretariates are responsible for registering the complaint and transmitting the forms sent by the applicant and the respondent to the Tribunal Chair and Panel and the Advice & Conciliation Officers. They are not involved in the Conciliation process which is strictly confidential. In the event where conciliation is no longer a viable option, the matter is progressed to Tribunal, at which point it is the Secretariates’ duty to orchestrate the necessary steps. In addition, the E&DT holds a similar role in terms of Industrial Disputes when they are registered.
1. The Data Protection Law
The Controllers for the purposes of the transition are as follows:
The Controller acknowledges its obligations as per the Data Protection (Bailiwick of Guernsey) Law, 2017 (‘the Law’), which provides a number of requirements in terms of processing activities involving personal data. The controller further acknowledges the general principles of processing as well as the rights of a data subject and more information in relation to these provisions are provided within this fair processing notice. For more information about the rights of a data subject, please visit www.gov.gg/dp.
The Controller acknowledges that all processing of personal data must be lawful, fair and undertaken with transparency. Appendix A (see below) explains the processing which is being undertaken by the Controller.
The controller has implemented a strict protocol across the respective services within EEOS which ensures personal data is not retained, past the point in time for the purpose for which the personal data was collected and processed has been carried out. Where the controller no longer considers there to be a lawful or legitimate basis to retain personal data, this information will be erased or destroyed in a safe and secure manner. If you wish to receive further information regarding how long your personal data will be retained, please contact the controller or their Data Protection Officer using the contact details below.
The controller may share your personal data with another service area within the organisation if it is considered both necessary and lawful for a purpose connected to your complaint or if required by Law.
The States of Guernsey have a professional relationship with a third-party supplier, Agilisys Guernsey Ltd., who provide support to and carry out maintenance on the IT infrastructure of the organisation. For Agilisys to carry out the function they are contracted to provide, there will be instances where they may have sight of your personal data. The Controller will only provide Agilisys with access to your personal data where there is a legitimate and lawful purpose for this access to be given in line with Schedule 2 of the Law and our internal policies and directives.
Your personal data may also be shared with the Scrutiny Management Committee ('SMC') and also the Internal Audit function of the States of Guernsey as may be required for the completion of their relevant functions. Furthermore, any personal data shared with SMC and Internal Audit will be limited and processed in accordance with conditions 5 and 13(b) of Schedule 2 of the Law.
2. Contact Details
The contact details of the Controller are as follows:
The contact details for the Data Protection Officer for Committee for Employment and Social Security are as follows:
Data Protection Officer, the Committee for Employment and Social Security
The attached table lists the Processing activities for Advice & Enquiries, the Employment & Discrimination Tribunal and Industrial Disputes..
You can contact us by phone Monday - Thursday from 8:45 AM to 4:45 PM, Friday from 8:45 AM to 4:30 PM