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Your personal data rights (how to delete, correct, restrict and move)

Your personal data rights

Everyone responsible for using personal data has to follow strict rules called 'data protection principles'. The information must be:

  • used lawfully, fairly and transparently
  • used for specified, explicit and legitimate purposes
  • used in a way that is adequate, relevant and limited to only what is necessary
  • accurate and, where necessary, kept up to date
  • kept for no longer than is necessary
  • handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

There is stronger legal protection for sensitive information (known as ‘special category data’), such as:

  • race
  • ethnic background
  • political opinions
  • religious beliefs
  • trade union membership
  • genetics or biometrics (where used for identification)
  • health
  • sex life or orientation
  • criminal record or alleged criminal activity.

Your rights under the Data Protection (Jersey) Law 2018 include the rights to: 

  • be informed about how your data is being used
  • access personal data
  • have incorrect data updated
  • have data deleted (in certain circumstances)
  • limit or restrict the processing of your data (in certain circumstances)
  • data portability (allowing you to obtain and reuse your data for different services)
  • object to how your data is processed (in certain circumstances)

You also have rights when an organisation is using your personal data for automated decision-making processes (without human involvement) and profiling, for example to predict your behaviour or interests.

​The deletion of your personal data (the right to erasure)

You can ask us to delete your information, this is also known as the right to be forgotten. This is underpinned by the principal of letting an individual to request the deletion or removal of your personal data where there are no strong grounds for its continued processing.

To respond to your request, your request and personal information will be shared with the relevant departments that may hold the information you have asked to be deleted.

That department(s) will then source the information, and erase only if:

  • we no longer need your data in order to carry out our public functions
  • you have initially consented to the use of your data, but have now withdrawn your consent
  • you have objected to the use of your data, and your interests outweigh the States of Jersey in using it
  • we have collected or used your data unlawfully
  • we have a legal obligation to erase your data
  • the data was collected from you as a child (aged under 13 years old) for an online service

We can refuse to delete data if at least one of the following exemptions applies:

  • keeping your data is necessary for reasons of freedom of expression and information (eg journalism and academic, artistic and literary purposes)
  • we are legally required to keep your data
  • holding your data is necessary for reasons of public health
  • keeping your data is necessary for legal claims
  • erasing your data would prejudice scientific or historical research, or archiving that is in the public interest

We will contact you to confirm what information can be deleted or we will let you know if we can't complete your request.

Information will not be passed to any other third party outside of the States of Jersey without your prior consent, or another condition of the law being met.

Request your personal data to be deleted

You will need to upload proof of your identity and address when completing the online form.

The correction of your personal data (the right to rectification)

The right to rectification lets you to request that inaccurate personal data is corrected or completed. This right is underpinned by the principle of accuracy of personal data.

To respond to your request, your request and personal information will be shared with the relevant departments that may hold the information you have asked to be amended or completed.

In the first instance, the department(s) may contact you to ask further information about your request. That department(s) will then take steps to check whether your data is correct or complete. Depending on the outcome of this review the department(s) will then take one of the follow steps:

  • correct or complete the data if it was inaccurate or incomplete
  • take no action if the data is already accurate and complete
  • if it cannot be confirmed whether the data is accurate or complete, add a statement to the data to say that the individual disputes the accuracy or completeness, we may ask you to provide a written statement which includes the additional information in this regard

We will contact you to confirm what information can be corrected or we will let you know if we can't complete your request.

Request your personal data to be corrected

You will need to upload proof of your identity and address when completing the online form.

Limit on the use of your personal data (the right to restrict processing)

You can ask us to limit how we use your personal data, this is known as ‘the right to restrict processing ’. The right gives individuals control over their personal data. This right only applies in certain circumstances.

To respond to your request, your request and personal information will be shared with the relevant departments that may hold the information you have asked to be restricted.

That department(s) will then source the information and restrict it depending on the basis.

On a temporary basis if you have either:

  • challenged the accuracy of your information (through submitting a ‘Right to Rectification’ request)
  • objected to our use of your information (through submitting a ‘Right to Object’ request).

On a permanent basis if we either:

  • have processed your information unlawfully
  • no longer need your information but you want us to keep it to create, exercise or defend legal claims.

If a restriction is placed on your information, we will continue to store it, however we may need to lift the restriction in certain circumstances including:

  • with your consent
  • to protect a person’s rights
  • for the purposes of legal claims
  • for reasons of important public interest

We will notify you in advance before lifting the restriction.

We will contact you to confirm what information can be restricted or we will let you know if we can't complete your request.

Information will not be passed to any other third party outside of the States of Jersey without your prior consent, or another condition of the law being met.

Request to restrict your personal data

You will need to upload proof of your identity and address when completing the online form.

The transfer of your personal data (the right to data portability)

The right data portability enables individuals to obtain their data from an organisation and provide it to another organisation for reuse or to have their data transferred to another organisation. This right gives individuals control over their personal data. This right only applies in certain circumstances.
The right to data portability applies only if you have provided us with your information, it is held electronically by the organisation and either one of the following applies:

  • you have consented to us using your data; or
  • you have entered into a contract with us.

In the majority of cases, we will be using your information to perform public functions and so the right to data portability is unlikely to apply. However, we may still be able to transfer data, for example school records under the general remit of data sharing.

Where applicable, we will provide you with your information in an electronic format that you can transfer to another organisation or we will transfer the data directly to the other organisation on your behalf.

To respond to your request, your request and personal information will be shared with the relevant departments that may hold the information you have asked to be transferred.

We will contact you to confirm what information can be transferred or we will let you know if we can't complete your request.

Information will not be passed to any other third party outside of the States of Jersey without your prior consent, or another condition of the law being met.

Request to transfer your personal data

You will need to upload proof of your identity and address when completing the online form.

How to make a Subject Access Request (SAR)

For more information on what a SAR is and how to request what data is held about you please see our Subject Access Request page.

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