Development and Land privacy notice

​​​This privacy notice covers the Development and Land service which is delivered by Regulation which sits within the Infrastructure and Environment Department (IE).

IE is registered as a Controller under the Data Protection (Jersey) Law 2018 (Data Protection Law), as we determine the purpose and means of the processing of the personal information collected about you for this service.

As a Government Department, we generally process and hold your information in order to provide public services and meet our statutory obligations. This notice explains in more detail how we use and share information relating to you (your personal data) in order to provide the service described above.

Find more information on how the Department uses your personal data for other services on the States of Jersey privacy policies​.

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.

How we collect information about you

Your personal data will, in most cases, be collected directly from you. This may be done in any of the following ways:

• through paper or on-line forms, when you make an application or register for a service, event or our newsletter
• by telephoning, mailing or emailing us directly, asking for advice, making a complaint or to make an enquiry or as part of an application, appeal, Planning Committee hearing, Public Inquiry or a building or compliance matter
• when you attend Union Street to see the duty planning officer
• if you make a verbal comment or statement at a hearing of the Planning Committee or Public Inquiry
• if you attend an event organised by the Development and Land Service
• Planning Committee site visits
• during proactive and statutory inspections of premises 
• via comments made on public forums such as social media

In some cases, we may collect information about you from another Government of Jersey department or from the following third parties with which we interact in order to deliver our duties:

• Customs and Immigration 
• UK Police
• UK Local Authorities
• Jersey Emergency Services 
• Parishes, Honorary Police
• shipping companies, agents
• MyDeposits 
• The Housing Gateway and the Affordable Housing Gateway
• Social Housing Providers such as Andium Homes 
• Adult Mental Health Services
• Jersey Water
• Jersey Telecom
• Jersey Electricity
• Island Energy
• Love Jersey 
• Pride
  

Types of information we collect

The types of personal data collected will vary depending on what information you volunteer and the information we need in each circumstance. However, we have listed below the most common categories of information we may collect about you:

• contact details such as name, address, phone number, mobile phone number and email address
• organisation details such as name of your organisation, job title or role, responsibilities within organisation
• proposed changes you wish to make, or changes you have made, to your land or property
• financial information for payments and refunds
• health and family information you provide where it may impact on the outcome of a development control application
• vehicle registration details
• visual or audio footage of you where you are making a submission at a public meeting
• on-line activity when submitting an application through our portal
• voluntary information, such as unsolicited information you may provide to us when you engage with us
• investigation/prosecution and compliance data such as complaints submitted to us, or made via a public forum, such as reviewing Facebook
• borehole registration including the location of your borehole, well or watercourse, samples of your natural water supply, details of a water source, extraction volumes and water quality
• discharge data such as details of potentially polluting discharges which you may make into controlled water sources

How we will use the information about you

We need to collect and hold personal data about you, in order to carry out the public functions of the Development and Land. Our legal basis for processing personal data in most cases is that it is necessary for the exercise of Development and Land function of the States or any public authority (Schedule 2 para 4(c) of the Data Protection Law).

We have set out in further detail below why we use your personal data in each instance.  

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Who we may share your personal information with

Other data controllers

We may need to pass your personal data to other Government of Jersey Departments or the following organisations for the purposes stated above:

• The Government’s Data Protection Officer
• The Jersey Office of the Information Commissioner
• Ports of Jersey
• Parish Authorities / Honorary Police
• Planning Committee members
• Emergency Services
• Arboriculturist
• Transport section of IE
• Drainage section of IE
  
• Marine Resources
• Jersey Telecom
• Children, Young People, Education and Skills (CYPES) 
• Tourism
• Education
• Strategic Policy, Planning and Performance Department
  
• Rural Economy section of Office of the Chief Executive
• Solid Waste, Recycling or Contaminated Land section of IE
• Health and Safety Inspectorate
• Strategic Housing Unit
• Jersey Farmer's Union
• Jersey Sport / Sport​
  
• Jersey Water
• Parks and Gardens
• Conveyancers / Land search providers
• Population Office
• States Vet
• Ministers and Members of the States of Jersey
• The Attorney General and employees of the Law Officers’ Department
• The Jersey Evening Post and the Jersey Gazette, for the purpose of advertising applications
• The Judicial Greffe

We may also disclose information to other public authorities where it is necessary, either to comply with a legal obligation, or where required under other legislation. Examples of this include, but are not limited to:

• where the disclosure is necessary for the purposes of the prevention or detection of crime
• for national security purposes
• for the purposes of meeting statutory obligations
• prevent risk of harm to an individual

Service providers

Your personal data may be processed on our behalf by certain third parties who provide service to us, so that they can provide those services. We have strict contracts in place with these service providers to ensure they process your data only on our instructions and with appropriate security in place. The categories of third parties who may receive your personal data in order to provide us with a service are:

• software suppliers for system development and support maintenance for our Planning, Building and Compliance systems IT Consultants for the provision, maintenance and servicing of the planning portal and planning & building register on the Government of Jersey website 
• companies to process payments for Rented Dwelling licenses providers 
• for system development and support maintenance as software suppliers for Planning and Building property searches such as TCB Consulting
• planning Tribunal and Planning Committee and appointed planning inspectors in relation to planning and compliances cases
• for managing online payments of planning and building applications 
• IT support or security service providers 

​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 and/or  Jersey Evening Post and/or on site for the reasons set out below. This will not include your personal data as described below:

• where we are required to provide planning application and building information
• where we are required to provide copies of enforcement notices 
• where we are required to provide copies of Planning Obligation Agreements
• where we are required by law to publicise certain information  

How long do we store the information about you

We will keep your personal data accurate and up to date and not keep it for longer than is necessary in order to provide you with our services. Ask to see our retention schedule for more detail about how long we retain your information.

Where do we store the information about you

Government of Jersey systems store data in Jersey, the UK and the European Union. The UK has been granted adequacy status by the European Commission and personal data stored there will be protected to the same standards as personal data held in Jersey and the EU.

In some instances, we may be required to transfer your personal data outside Jersey and the EEA, if the recipient is located outside these jurisdictions. However, we shall only do this with the necessary safeguards in place and where it complies with the Data Protection Law. For details of the safeguards we rely on if we do this, contact the Department using the contact details below.

Cookies and the gov.je website

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Find details of the cookies used on gov.je website in the gov.je privacy policy​.

Statutory or contractual obligations to provide personal data

You are not obliged by any law or contract to provide us with your personal data. However, if you choose not to provide certain information when requested, we may not be able to perform the service you have requested, or we may be prevented from complying with our legal obligation.

Your rights

See your personal data rights ​ for details of your rights under the Data Protection Law and how to exercise them.

Withdrawal of consent

Where we rely on you consent to process personal data (see section 0 above), you can withdraw your consent by contacting  the Data Governance Officer at DPIE@gov.je​ 

Contact details

If you want to contact the Department in relation to this privacy notice email the Data Governance Officer at DPIE@gov.je​.

Complaints

If you have an enquiry or concern regarding processing your personal data you can contact the Central Data Protection Unit. 

If you want to make a complaint about how your personal data is processed, you can email the Government’s Data Protection Officer at DPO@gov.je.

If you believe that Infrastructure and Environment has contravened the Data Protection Law and the contravention affects your data protection rights, you have the right to make a complaint at any time to the Jersey Office of the Information Commissioner (JOIC)​.

We would, however, appreciate the chance to deal with your concerns before you approach the JOIC, so contact the DPO in the first instance.

Changes to this notice​

We may, from time to time, revise this privacy to ensure it remains up to date. It is advisable to check it regularly to keep aware of any changes.