Skip navigation

Viscounts Privacy Notice

Viscount’s Department Privacy Notice (Fair Processing Notice)

The Viscount’s 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 public services and meet our statutory obligations and obligations arising under orders of the Jersey Courts. This notice explains how we use and share your information. Information may be collected on a paper or online form, by telephone, email, letter or by a member of our staff, or in some cases, by another States department, public authority or authorised agent appointed by the Viscount.

We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the law.

What information do we collect about you?

We may collect a wide range of information about you, which may include:

  • Your name, address, date of birth, occupation, and employer
  • Your financial affairs, including people to whom you owe money or people who owe you money
  • Your property
  • Your family and dependants
  • Information about your health
  • Allegations of and convictions for criminal offences
  • Criminal penalties imposed against you
  • Court proceedings in which you are involved
  • Court orders issued against you
  • Statements you have made to the Police
  • In any case, we will only collect the information that we need to perform our functions and to comply with our legal requirements.

We may collect this information from a range of sources, including, you, your family, the Police, the Parishes, your creditors, the Courts and other States Departments.

In some cases, we may need to collect other information about you, but we will only collect the information we need to perform our duties and fulfil our legal obligations, including our obligations to retain public records.

Why do we collect information about you?

We need to collect and hold information about you, in order to fulfil our responsibilities, powers and duties under statutory or customary law, court orders or other legal requirements, which includes (but is not limited to):

  • Enforce the payment of criminal penalties
  • Fulfil our role in the criminal justice system
  • Collect civil debt or enforce other civil Court orders
  • Assist the Island to fulfil its obligations under international assistance arrangements
  • Administer insolvency proceedings
  • Administer the affairs of persons for whom we have been appointed as delegate
  • Regulate delegates and attorneys
  • Register insolvency practitioners and investigate representations concerning their conduct
  • Investigate sudden death and conduct inquests
  • Administer the assize jury system
  • Give exemptions from the payment of Court fees
  • Issue Court notices
  • To fulfil any other duty or responsibility that we are required to perform under an order of the Court.

How will we use the information 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 schedules for more detail about how long we retain your information. 

We may not be able to provide you with a service unless we have enough information or your permission to use that information.

We may pass personal data to organisations that process information on our behalf, and we will only do so, where possible, after we have ensured that sufficient steps have been taken by the processor to protect your personal data. We do not process your information overseas using web services that are hosted outside the European Economic Area. 

We will not disclose information that you provide ‘in confidence’ without your permission, except in situations where disclosure is required by law, to enable us to fulfil our functions or duties or  to comply with a legal requirement or where we have good reason to believe that failing to share the information would be contrary to the public interest,  including where it would put someone else at risk. You will be told about this unless there are exceptional or legal reasons not to do so.

Data Sharing

We may need to pass your information to other organisations, including the Courts or a department within the Government of Jersey to fulfil your request for a service or to enable us to comply with legal requirements. These organisations are obliged to keep your details securely, and only use your information for the purposes of processing your (or our) service request.

We may disclose information to other third parties where it is necessary, either to enable us to provide a service or 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 other legal requirements; or to prevent risk of harm to an individual.

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, notices relating to insolvency procedures or relating to the sale of assets belonging to you (by distraint).
  • In the interests of demonstrating a fair and transparent decision-making process, for example, notices of debt remission orders or other notices to creditors.
  • 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, unless you have agreed otherwise.

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 or an order of the Jersey court.

Emails

If you email us, we may keep a record of your email address and a copy of the email for record keeping purposes and to enable us to contact you by email.

For security reasons it is our aim not to 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. 

Telephone calls

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.

CCTV

Closed circuit television is in operation in some of the Viscount’s Department. These are in operation primarily for the protection of members of the public and employees and for prevention and detection of crime. There are strict controls around the use and access of CCTV images. CCTV does not capture audio, and images are retained for a short period before being deleted.

In areas where CCTV is in operation, there are visible signs in place.

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 can 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.

Complaints

You can complain to us about the way your information is being used

If you have an enquiry or concern regarding the processing of your personal data, please contact:

Telephone: +44 (0)1534 441400

Email: visdp2018@gov.je

The Data Protection Officer
Viscount’s Department
Morier House
Halkett Street
St Helier
Jersey
JE1 1DD

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

The Office of the Information Commissioner can be contacted in the following ways:

Telephone: +44 (0)1534 716530

Email: complaints@jerseyoic.org

Office of the Information Commissioner
2nd Floor
5 Castle Street
St Helier
Jersey
JE2 3BT