Workforce Privacy Notice

Last Updated: October 8, 2021

LABORATORY PRIVACY OFFICER

Berkeley Lab has appointed an internal Privacy Officer for you to contact if you have any questions or concerns about Berkeley Lab privacy policies or practices and how to exercise your privacy and record access rights.The name and contact information for the Privacy Officer are as follows:

Rainier Elias
Privacy Officer and Sr. Counsel, Privacy & Cybersecurity
Lawrence Berkeley National Laboratory
1 Cyclotron Road Mailstop M/S 50B2232
Berkeley, CA 94720
[email protected]

ABOUT THIS NOTICE

This Workforce Privacy Notice governs information we collect from those individuals who seek to be, are, or were employed by Berkeley Lab (a Department of Energy National Laboratory managed and operated by the University of California) or seek to be, are, or were affiliated with Berkeley Lab (collectively, our “Workforce”). This does not apply to information collected from visitors.

We have developed other documents that describe our privacy policies and practices with respect to:

We also provide supplemental privacy notices for certain data collections subject to specific rules. These supplemental notices are provided along with any paper or online form or other information collection method.

Some information collected pursuant to this notice is maintained by the University of California through the UCPath System. For information regarding UC and/or UCPath privacy practices, please contact the UCPath administration at 855-982-7284.

Lastly, the Department of Energy has published Systems of Records Notices (“SORNs”) on the Federal Register. These SORNS are made publicly available online on the Federal Register website under the document citation 74 FR 993.

PERSONAL INFORMATION WE COLLECT AND PROCESS

We collect, use, and maintain (collectively, “process”) different types of personal and professional information about you in connection with operating laboratory functions when you submit information for an appointment at Berkeley Lab, during the course of your appointment with Berkeley Lab, and after your appointment ends.

  • The type of personal information we process is generally limited to what is needed to manage your appointment with Berkeley Lab,
  • If you are a prospective job applicant, the information is collected and managed in accordance with federal contract compliance reporting requirements
  • If your appointment is approved, information you relayed will become part of your personnel record. As to employees, we also process personal information about your dependents, beneficiaries, and other individuals associated with your employment.
  • If you are a former employee or affiliate, we process personal information about you primarily for legal compliance.

The specific types of information we may collect, use, disclose, or handle pursuant to this notice include:

  • Initial Submission. When you submit information for an appointment s with LBNL, we will ask you to provide us with personal information about yourself and other third-parties (such as professional references), including as applicable:
  • Contact Information, such as your legal and lived names, physical address, mailing address and email address, telephone number;
  • Identifiers, including government-issued photo identification, national ID such as social security numbers, drivers license numbers, passport numbers, visa and immigration identifiers or other similar government-issued identifiers;
  • Sensitive Demographic information such as gender, date of birth, birth location, citizenship status, veteran status, disability status, and/or nationality, and/or your racial or ethnic origin;
  • Information Funding or Participation in certain Foreign Government Programs, such as the sponsoring entity (including Nation State, Institution, and/or Organization)
  • Professional, Academic, or Employment-Related Information, including your resume or CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us to review the appointment.
  • Information from interviews and phone-screenings you may have, if any;
  • Preferences, including details of the type of employment or engagement you are or may be looking for, professional affiliations and memberships, current and/or desired salary and other terms relating to compensation and benefits packages, willingness to relocate, or other job preferences, details of how you heard about the position you are applying for;
  • Screening and Assessment results, including drug and background screens, Department of Transportation screens, and certain skills and assessment results;
  • Reference information, including information about you provided by third parties and their respective contact information;
  • Vehicle Information, including model and license plate number, vehicle type, and color.
  • Information relating to any previous applications you may have made to LBNL and/or any previous employment history with Berkeley Lab or the University of California.
  • Employment and Affiliation Information. If your appointment is approved, information you have submitted may become part of your employment or affiliation record. If your appointment is not approved, we will retain records consistent with our record retention obligations. During the course of your employment or affiliation with LBNL, we may collect additional information from you, including as applicable:
  • Professional or Employment-Related Information, including performance and appraisal reviews, training records, disciplinary record, job title, start and end dates, and work location. This includes information collected in the course of a prior engagement with another UC campus when the individual transfers to the Laboratory.
  • Laboratory IT and Information usage, including application data (such as data from Google Workspace or Zoom), login/logout time stamps, emails sent and received, websites browsed, calendar entries, to-do items, chats, user IDs, passwords, IP addresses, and audit trails of system and facility access;
  • Physical Security system information, including security camera footage and building and site ingress and egress information;
  • Financial Account and expense information, including bank account routing information and travel documents (such as receipts, reservation documents, mileage and travel routes);
  • Health Information including your medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional, as well as health insurance information, job-related or relevant medical condition (such as workplace injury descriptions, results of pre-placement medical examinations, and information relating to the application for, or in respect of changes to, employee health and welfare benefits, including short and long term disability, medical, and dental care). This includes certain vaccination information, such as vaccine type and manufacturer and date of administration;
  • Retirement information (for UC retirees only), such as the UC campus from which you retired, retirement income frequency, and date of retirement.

HOW BERKELEY LAB USES PERSONAL INFORMATION ABOUT YOU

Berkeley Lab uses Workforce Information only for the purposes identified in this notice. Generally, this use occurs in connection with fulfilling typical Human Resources functions, complying with Laboratory, University, or Department of Energy policies and requirements, and complying with requirements arising under California and Federal laws and regulations.

A more detailed description of how Berkeley Lab uses Workforce Personal Information is as follows:

  • Recruitment, including search, selection, evaluation, and appointment or offers of job candidates (temporary or permanent) for the job or affiliation status you have applied and for subsequent job opportunities;
  • Application analysis, such as verification of your employment reference(s) that you have provided, background checks and related assessments;
  • Communications with you and to inform you of your current status of your application, about employment or affiliation-related matters, and of future opportunities with Berkeley Lab (unless you have told us that you do not want us to keep your information for such purposes);
  • To Monitor Work-Related Licences and Credentials, including provisioning software licenses for use in connection with Berkeley Lab work, verifying the current status of a job-related certification;
  • Onboarding;
  • Other Human Resources functions, such as administration of medical, dental, optical, commuter, and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management, and provision of online total reward information and statements;
  • Reimbursement and Payment, including salary and payroll management and payment or reimbursement of expenses;
  • Carrying out of employment surveys, such as to manage and improve business processes (for example, recruitment, or workforce planning).
  • Internal investigations, including evaluating any potential violations of laws, regulations, Berkeley Lab or University of California Policy, or Department of Energy Order (as implemented into the Prime Contract);
  • Security, such as to ensure the confidentiality, availability, and integrity of Laboratory IT and information;
  • Health-related services, including conducting pre-placement and employment-related medical screenings for return to work processes and medical case management needs, determining medical suitability for particular tasks, providing first aid in response to workplace injuries, identifying health needs of employees to plan and provide appropriate services, operating sickness policies and procedures, and providing guidance on travel;
  • Export Control Compliance. To ensure compliance with export, import and other international trade controls, including managing registrations and authorizations, determining access to controlled technologies and/or commodities, and screening for embargoed and/or sanctioned countries or restricted parties;
  • Security Clearance Applications. To comply with Department of Energy requirements in connection with applying and being considered for a security clearance;
  • Research. In some limited circumstances, we may collect personal data for research purposes or other non-employment related purposes, with your consent;
  • Otherwise, where required, such as to comply with any law, regulation, policy, or DOE Prime Contract obligations, under judicial authorization or order, or to defend Berkeley Lab’s legal rights, to ensure the health, safety, and well-being of Laboratory Workforce and visitors, to

WORKFORCE MONITORING AND SURVEILLANCE

Berkeley Lab monitors all use of Laboratory assets, including when you access Laboratory information from your personal devices, when you process your own personal information through Laboratory-issued devices, or when you enter or leave laboratory premises or facilities.

ATTENTION

In the course of using Berkeley Lab IT or while in LBNL premises, users have NO EXPECTATION OF PRIVACY subject to applicable state, federal, Department of Energy (DOE), policies, orders, laws and regulations.

You should be aware that any message, files, data, or records, transmitted to Berkeley Lab or received by you through Laboratory IT will be treated as business records and will be intercepted, monitored, recorded, copied, audited, inspected, and disclosed consistent with Laboratory policies and to the extent permitted by law.

Additionally, Berkeley Lab monitors ingress and egress through a variety of technologies, including badge scans and closed-circuit television (“CCTV”). These technologies are usually deployed at facility entrance and exit points, rooms where there may be valuable equipment (such as server rooms or data centers), and in other areas with a high risk for theft of sensitive assets (such as Workforce Personal Information.

This monitoring covers uses the following:

  • Lab-issued equipment such as desktops, mobile devices, and the laboratory’s network;
  • Lab-managed enterprise applications, including collaboration tools such as laboratory email, calendaring, and chats;
  • Personal devices connected to the laboratory’s network (both on- and off-site);
  • Web browsing information (including any websites you visit through laboratory IT;
  • Laboratory’s facilities, such as ingress and egress points, public areas, conference rooms, and other high-risk areas;

The primary purposes for this monitoring are as follows:

  • To ensure the security of Laboratory information assets, workforce, and other third-parties;
  • To manage our network and devices;
  • For recordkeeping;
  • For the protection of sensitive Berkeley Lab information;
  • For investigating wrongful acts or potential violations of Berkeley Lab policy;
  • For other purposes required or permitted by law.

Berkeley Lab has set in place procedures to ensure that information collected through surveillance and monitoring technology is subject to appropriate oversight, and that its use is consistent with Berkeley Lab Policy and this Workforce Privacy Notice.

SHARING OF PERSONAL INFORMATION

Berkeley Lab will only share identifiable personal information with those who have a legitimate need for it. Whenever we permit an internal or external party to access personal information, we will make sure that the personal information is used in a manner consistent with this Workforce Privacy Statement as stated below.

Internal Sharing

Berkeley Lab only internally shares the minimum necessary amount of personal information reasonably necessary for carrying out business functions. Within Berkeley Lab, Division Directors are responsible for properly designating those workforce members whose jobs require access to personal information.

Similarly, sharing within the University of California only happens with properly designated officials with appropriate need-to-know and consistent with University Policy.

External Sharing

Berkeley Lab shares your information with external entities as follows:

  • Consistent with your authorization;
  • With Department of Energy officials with a proper need-to-know and consistent with the Prime Contract;
  • With business associates retained under contract to help Berkeley Lab provide services, benefits, or functions described in this notice;
  • To obtain advice from external lawyers, accountants, management consultants, and other similarly situated professionals;
  • As necessary to establish, exercise, or defend against a potential, threatened, or actual litigation;
  • As necessary to protect Berkeley Lab, your vital interests (such as safety and security) or the vital interests of other persons;
  • With state or federal government officials to comply with our legal obligations, in connection with applying for or managing security clearances, to conduct denied/restricted party screenings, and otherwise where legally required or permitted.

YOUR RIGHTS

The California Information Practices Act and the Freedom of Information Act protect your rights as to information about you which Berkeley Lab may maintain. These rights include:

  • To confirm whether Berkeley Lab processes information about you;
  • To request that your records be amended, updated, or corrected;
  • To request copies of your information.

Please note that Berkeley Lab must preserve its records consistent with both University of California and Department of Energy record retention obligations. Also, please note that the laws of your jurisdiction may grant you further rights as to information about you. Berkeley Lab’s ability to fulfil requests based on those rights is limited by its own legal obligations arising under applicable California or Federal law, regulation, or policy.

ADDITIONAL INFORMATION

  • Security. The security of personal information is important to us. We implement reasonable security protections designed to prevent misuse of personal information, including administrative, technical, and physical safeguards tailored to protect information against unauthorized access, disclosure, alteration, or destruction. Despite these efforts, we cannot guarantee that a security incident will never impact personal information. Please notify us immediately if you become aware of any security issues relating to our Websites by contacting [email protected].
  • Retention. We will keep the information we collected as described in this Website Privacy Notice only for as long as we believe that we need it for the purposes we have collected it, to meet our legal obligations (including meeting preservation obligations set by law), to resolve disputes, maintain security, prevent fraud and abuse, enforce our agreements with you, or to fulfill your request to unsubscribe from specific mailing lists. Consistent with our legal obligations, when the information is no longer needed, we will destroy or de-identify it.
  • Children. LBNL websites are not intended to collect or use any personal information from children who have not reached the age of majority in their state or country of residence. LBNL does not knowingly allow children to use its online services. If you believe or suspect that a child of whom you are the parent or legal guardian has provided us with personal information, please contact us to address the issue.
  • Third-Party Links. Our Websites may contain links to third-party websites. This Privacy Notice does not apply to the linked websites and we do not control the content or privacy and security practices of those websites. Any personal information you provide to a linked site is provided directly to a third party and is subject to such third party’s privacy notice.

CHANGES TO THIS NOTICE

LBNL reserves the right to amend this privacy statement from time to time to reflect technological advancements, legal and regulatory changes, and LBNL’s practices, subject to applicable laws. If privacy practices change, LBNL will provide notice of such changes by updating this notice. It is your responsibility to check this Notice frequently to view amendments. Interactions with LBNL via Website or Third Party Websites will be subject to the then-current Privacy Statement.