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Law Officers' Department privacy policy and retention schedule

​Introduction

The Department is registered as a 'Controller' under the Data Protection (Jersey) Law 2018 as we collect and process personal information about you. We process and hold your information in order to provide government legal services and undertake prosecutions on behalf of the Crown. This notice explains how we use and share your information. Information is predominately collected by another States department, by email, or by a member of our staff and provided to us.

We will continually review and update this privacy notice to comply with changes in the law.

What information we collect about you

We collect the following types of information about you:

  • contact details including names, address, email address, telephone number
  • bank account details
  • information provided in the course of the provision of legal advice*
  • information provided in the course of legal proceedings*
  • information provided in the course of employment of an honorary position

*In certain instances, personal data processed may include "Special Category Data" (which includes information on a person's race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data processed for the purpose of uniquely
identifying a natural person, health data, data on a person's sex life or sexual orientation or data relating to a person's criminal record or alleged criminal activity). In such instances the processing is necessary for the purposes of legal proceedings or providing legal advice.

Why we collect information about you

We need to collect and hold information about you, in order to:

  • investigate your complaint
  • answer your query
  • provide legal advice
  • make payments to individuals in course of legal proceedings
  • conduct legal proceedings
  • enable the Attorney General to carry out his customary duties

The sources of data may include States departments, intermediaries, data subjects directly and third parties connected to the data subject.

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.

We will endeavour to keep your information accurate and up to date and not keep it for longer than is necessary. In some instances the law sets the length of time information has to be kept. Please ask to see our retention schedule for more detail about how long we retain your information.

We may not be able to respond to requests for legal advice or deal with management queries unless we have enough information to adequately deal with that request or query.

We will not pass any personal data on to anyone outside of the States of Jersey, other than those who either process information on our behalf, or because of a legal requirement, and where possible, we will ensure that sufficient steps have been taken by the recipient to protect your personal data.

We will not disclose any information that is provided to us 'in confidence' or is covered by legal privilege, 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.

We do not process your information overseas using web services that are hosted outside the European Economic Area. 

Data sharing

We may need to pass your information to other States of Jersey (SOJ) departments or organisations for management purposes (for example Treasury or Human Resources). These departments and organisations are obliged to keep your details securely, and only use your information for the relevant processing purpose.

We may disclose information to other departments where it is necessary, either to comply with a legal obligation, or where permitted under other legislation. 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.

Your rights

You can ask us to stop processing your information

You have the right to request that we 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 the few instances when you have given your consent to process your information, 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 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 data on our behalf.

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 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. 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. 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. In some circumstances we may not be able to comply fully with your subject rights provisions to the extent required to avoid an infringement of the privileges of the States Assembly.

Complaints

If you have an enquiry or concern regarding the States of Jersey processing your personal data you can:

You can also complain to the Information Commissioner about the way your information is being used by:

  • calling +44 (0) 1534 716530
  • writing to Office of the Information Commissioner, One Liberty Place, Liberty Wharf, La Route De La Liberation, St Helier, Jersey, JE2 3NY
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