Introduction
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The General Data Protection Regulation (GDPR) and Data Protection (Jersey) Law 2018 (DP(J)L) seek to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU. It should be noted that GDPR & DP(J)L do not apply to information already in the public domain.
Jersey Care Commission (JCC) is the Data Controller and is pleased to provide the following Privacy Notice:
Personal Data
JCC uses the information collected from you to provide a regulatory service, make telephone contact and to email you information which JCC believes may be of interest to you and your business. In you making initial contact you consent to JCC maintaining a dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting a particular service.
Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. JCC may from time to time use such information to identify its digital visitors. JCC may also collect statistics about the behavior of visitors to its website.
Cookies and how we use them
A cookie is a small file placed on your computer’s hard drive. It enables our website to identify your computer as you view different pages on our website.
Cookies allow websites and applications to store your preferences in order to present content, options or functions that are specific to you. They also enable us to see information like how many people use the website and what pages they tend to visit.
For more information on what cookies we use and how you can control them please visit our cookie notice here.
Legal basis for processing any personal data
We will only collect and process personal data about you where we have lawful basis. There are a number of lawful reasons for us to collect and use your personal data. These include consent (where you have given consent), Vital interest (where processing is necessary to protect your vital interests or the vital interests of another person), contract (where processing is necessary for the performance of a contract with you), Public Function (where we have a statutory duty), Employment and Social Fields (mainly for staff and employees) and Protection against malpractice and mismanagement (in order to protect the public against mismanagement and failures in the services provided by any body or association which falls under our remit).
Public Function
The processing is necessary for –
(a) the administration of justice;
(b) the exercise of any functions conferred on any person by or under any enactment;
(c) the exercise of any functions of the Crown, the States or any public authority; or
(d) the exercise of any other functions of a public nature with a legal basis in Jersey law to which the controller is subject and exercised in the public interest by any person.
Vital Interest
The processing is necessary in order to protect the vital interests of –
(a) the data subject or another person, in a case where consent cannot be given by or on behalf of the data subject, or the controller cannot reasonably be expected to obtain the consent of the data subject; or
(b) another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld.
Consent
Where possible, we will always ask for your consent for the Jersey Care Commission to process your personal data for the purposes outlined. You can withdraw consent at any time by emailing enquiries@carecommission.je or writing to us (see last section for full contact details).
Contract
We have a lawful basis for processing if:
We have a contract with you and we need to process your personal data to comply with our obligations under the contract.
We haven’t yet got a contract with you, but you have asked us to do something as a first step (eg provide a quote) and we need to process your personal data to do what you have asked.
Employment and Social Fields
The processing is necessary for Employment, Social Security, Tax and other employment obligations on the controller.
Protection against Malpractice and Mismanagement
The processing –
(a) is in the substantial public interest;
(b) is necessary for the discharge of any function that is designed for protecting members of the public against –
(i) dishonesty, malpractice, or other seriously improper conduct by, or the unfitness or incompetence of, any person, or
(ii) mismanagement in the administration of, or failures in services provided by, any body or association; and
(c) in order not to prejudice the discharge of that function, is required to be carried out without the controller’s seeking the explicit consent of the data subject.
Disclosure
JCC may on occasions pass your Personal Information to third parties exclusively to process work on its behalf. JCC requires these parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice, GDPR and DP(J)L).
JCC do not broker or pass on information gained from your engagement with JCC without your consent. However, JCC may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. JCC may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of JCC, its clients and/or the wider community.
Retention Policy
JCC will process personal data according to our Retention Policy and Schedule which can be accessed here
Data storage
Data are held in Jersey and Europe using different multiple servers. The JCC does not store personal data outside the EEA.
Your rights as a data subject
At any point whilst JCC is in possession of or processing your personal data, all data subjects have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
- Right of portability – you have the right to have the data we hold about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the event that JCC refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.
JCC at your request can confirm what information it holds about you and how it is processed.
You can request the following information:
- Identity and the contact details of the person or organisation (JCC) that has determined how and why to process your data.
- Contact details of the data protection officer, where applicable.
- The purpose of the processing as well as the legal basis for processing.
- If the processing is based on the legitimate interests of JCC or a third party such as one of its clients,
information about those interests. - The categories of personal data collected, stored and processed.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- How long the data will be stored.
- Details of your rights to correct, erase, restrict or object to such processing.
- Information about your right to withdraw consent at any time.
- How to lodge a complaint with the supervisory authority (Data Protection Regulator).
- Whether the provision of personal data is a statutory or contractual requirement, or a requirement
necessary to enter into a contract, as well as whether you are obliged to provide the personal data
and the possible consequences of failing to provide such data. - The source of personal data if it wasn’t collected directly from you.
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what personal data is held, identification will be required
JCC will accept the following forms of ID when information on your personal data is requested: copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If JCC is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to enquiries@carecommission.je or writing to us at the address below. A Data Subject Access request form can be obtained from the JCC website, in the Policy section. There is no fee for obtaining this information, but if the request is deemed excessive or repetitive an administration fee may apply.
The JCC has four weeks to provide the requested information in a usable format, If necessary, the JCC can apply to the data subject or relevant Information Commissioner for an extension of an additional eight weeks.
Animated film explaining our Privacy Notice
Click here for an animated Privacy Notice
Complaints
In the event that you wish to make a complaint about how your personal data is being processed by JCC or its partners, you have the right to complain to JCC’s Data Protection Officer. If you do not get a response within 4 weeks you can complain to the Data Protection Regulator.
The details for each of these contacts are:
Jersey Care Commission (JCC), attention of the Data Protection Officer
1st Floor, Capital House, 8, Church Street, St Helier, JE2 3NN
Telephone +44 1534 445 801 or email enquiries@carecommission.je
2nd Floor, 5 Castle Street, St Helier, Jersey JE2 3BT
Telephone 01534 716530 or Email: enquiries@jerseyoic.org
