The Department of the Environment became part of the new Infrastructure, Housing and Environment (IHE) department in November 2018. IHE are registered as a 'data controller' under the Data Protection (Jersey) Law 2018 as we collect and process personal information about you. (Registration 15801)
We process and hold your information in order to provide public services and meet our statutory obligations. This notice explains how we use and share your information. Information may be collected on a paper or online form, by telephone, email, or by a member of our staff, or in some cases, by another States department.
We are continually working to create separate privacy notices for the various sections of IHE to reflect the changes in our services. You can view these separate notice under our wider privacy notice section
Why we collect information about you
We need to collect and hold information about you, in order to:
Environmental Policy and Awareness
- deliver environmental awareness programmes; such as the eco active business campaign to encourage environmental responsibility across all sectors
- deliver the States of Jersey’s Energy Plan to ensure secure, affordable and sustainable energy
- Environmental Management and the Rural Economy (EMRE)
- manage and deliver the Rural Economy Strategy
- provide an advisory and scientific service to farmers, growers, the dairy industry and other government departments
- diagnose plant pests and diseases, analyse soil, water and plant tissue samples
- provide qualified advice on pesticides and research into techniques to reduce the environmental impact of agriculture
- monitor statutory plant health risks and provide a protective framework
- maintain and improve an access network to enable access to the Island’s countryside
- manage the delivery of marine resource strategies including the Integrated Coastal Zone Management Strategy
- regulate commercial and leisure fishing activity, aquaculture and exploitation of living aquatic resources in the 800 square miles of Jersey waters
- administer the Agricultural Land Control of Sales and Leases (Jersey) Law 1974 in order to control the occupation and use of agricultural land and to ensure that a stable, viable agricultural land bank is retained for the farming industry
- manage & regulate water quality through pollution prevention campaigns, the permitting of discharges and the enforcement and clean up following pollution incidents
- protect and safeguard the availability of our water resources through registration and licensing
- control and enable the export of hazardous waste off-island (Transfrontier shipment consent)
- respond to unauthorised waste activities including fly tipping and burning
- regulate waste treatment activities, waste carriers and development activities
- inspect plants and packaging imported through the harbour, airport and post office
- undertake On-island statutory surveys of plant pests and diseases
- investigate pesticide spray complaints as well as ensuring correct storage and disposal of pesticides
- undertake Statutory Plant Health Surveys
- provide meteorological services to the Channel Islands’ communities
- provide specialised services to meet the needs of specific industries including Channel Island airfields, the Channel Islands Control Zone and a comprehensive shipping forecast
- record and analyse climate data
Policy, Projects and the Historic Environment
- keep the Island Plan and supplementary planning guidance up to date
- provide planning policy advice in relation to some development proposals
- identify, assess and designate buildings and places of special architectural, archaeological and historic interest
- provide advice in relation to development proposals where they might affect Jersey’s historic environment
- manage the Jersey Architecture Commission, to ensure the architectural appraisal of key development proposals and to promote good design
- to seek your views, opinions or comments
How we will use the information we hold about you
We will use the information you provide in a manner that conforms to the Data Protection (Jersey) Law 2018 and endeavour to keep your information accurate and up to date. We will process your information for the following purposes:
- to carry out the service you have requested, and to monitor and improve our performance in responding to your service request
- to ensure that we meet our legal obligations
- where necessary for our law enforcement functions
- to prevent and detect crime
- to process financial transactions including grants or payment of benefits
- where necessary to protect individuals from harm or injury
- to allow the statistical analysis of data so we can plan the provision of services
- to establish the suitable qualifications required to carry out a specific function
We may not be able to provide you with a service unless we have enough information or your permission to use your information.
We will not pass any personal data on to anyone outside of the Government of Jersey, other than those who either process information on our behalf, or because of a legal requirement. We will only do this, where possible, after we have ensured that sufficient steps have been taken by the recipient to protect your personal data and where necessary we will ensure that the recipient has signed a data sharing agreement. A data sharing agreement sets out the purpose of the sharing and the rules that must be followed when processing your data.
We will not disclose any information that you provide ‘in confidence’, to anyone else without your permission, except in the few situations where disclosure is required by law, or where we have good reason to believe that failing to share the information would put someone else at risk. You will be told about this.
We do not currently process any personal data overseas using web services that are hosted outside the European Economic Area.
We may need to pass your information to other Government of Jersey (GOJ) departments or organisations to fulfil your request for a service. These departments and organisations are obliged to keep your details securely, and only use your information for the purposes of processing your service request.
If we need to disclose any sensitive or confidential information about you, we will only do so if absolutely necessary or once we have obtained your consent where appropriate or unless we are legally required to do so. Examples of this include, but are not limited to: where the disclosure is necessary for the purposes of the prevention and/or detection of crime; for the purposes of meeting statutory obligations; or to prevent risk of harm to an individual, etc.
At no time will your information be passed to organisations for marketing or sales purposes or for any commercial use without your prior express consent.
Publication of your information
We may need to publish your information on our website and/or in the Jersey Gazette for the following reasons:
Where we are required by law to publicise certain information, for example the name of an applicant submitting a planning application.
In the interests of demonstrating a fair and transparent decision making process, for example the comments of someone objecting to a planning application.
Where you have asked us to publish your information, for example where a landlord is a sole trader but wants to appear on the States of Jersey Rent Safe register to show they hold an accredited rating.
Where we are required to provide statistical information about a group of people; although your data will be anonymised to protect your identity.
Where you have responded to a public consultation, although your comments will be anonymised to protect your identity.
We will not publish any of your sensitive personal information unless there is a requirement for us to do so in order to carry out our statutory functions. For example: where information about a disability or illness is crucial in determining the outcome of a planning application, which would otherwise be refused as it contravenes the Policies of the Jersey Island Plan.
How long we keep information about you
We will endeavour not to keep your information for longer than is necessary. In some instances the law sets the length of time information has to be kept. Our retention schedules are available for you to view at the top of this page. These set out what information we hold, how long we plan to keep it for and what we plan to do with it at the end of its lifecycle.
In some instances we will not be able to remove your data automatically from our files because of the limitations of some of our legacy processes and systems. There are also some instances where we are still working towards meeting the requirements set out in our retention schedules.
If you are concerned about us continuing to hold your personal information you can contact us to ask that we remove the data immediately. We will always seek to comply with your request but we may require further information from you to be able to locate your data or we may still be required to continue to hold or process your information in order to comply with a legal requirement.
We do not record or monitor any telephone calls you make to us using recording equipment, although if you leave a message on our voicemail systems your message will be kept until we are able to return your call or make a note of your message. File notes of when and why you called may be taken for record keeping purposes. We will not pass on the content of your telephone calls, unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.
If you email us we may keep a record of your email address and a copy of the email for record keeping purposes. For security reasons we will not include any confidential information about you in any email we send to you. We would also suggest that you keep the amount of confidential information you send to us via email to a minimum or use our secure online services where possible or correspond with us by post. We will not share your email address or your email contents unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.
You can ask us to stop processing your information
You have the right to request that the Department of the Environment stop processing your personal data in relation to any of our services. However, this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement.
You can withdraw your consent to the processing of your information
In instances where the processing of your information can only be carried out with your consent, you have the right to withdraw your consent to the further processing of your personal data. However, this may cause delays or prevent us delivering a service to you. We will always seek to comply with your request but we may be required to hold or process your information in order to comply with a legal requirement.
You request that the processing of your personal data is restricted
You have the right to request that we restrict the processing of your personal information. You can exercise this right in instances where you believe the information being processed in inaccurate, out of date, or there are no legitimate grounds for the processing. We will always seek to comply with your request but we may be required to continue to process your information in order to comply with a legal requirement.
You can ask us to correct or amend your information
You have the right to challenge the accuracy of the information we hold about you and request that it is corrected where necessary. We will seek to ensure that corrections are made not only to the data that we hold but also any data held by other organisations/parties that process your data on our behalf.
You can ask us for a copy of the information we hold about you
You are legally entitled to request a list of, or a copy of any information that we hold about you. You can
submit a subject access request (SAR) using our online form.
However where our records are not held in a way that easily identifies you, for example a land registry, we may not be able to provide you with a copy of your information, although we will do everything we can to comply with your request.
Under the Public Records (Jersey) Law 2002 each department must produce a schedule for the records they hold. This schedule shows the retention period of each record (how long it is held for), if the record is archival (holds historic value), the disposal action for the record, and any further notes about the handling of the record. Infrastructure, Housing and Environment retention schedules
If you have an enquiry or concern regarding the States of Jersey processing your personal data you can
contact the Central Data Protection Unit.
You can also complain to the
Jersey Office of the Information Commissioner about the way your information is being used.