This privacy notice covers consultation about supplementary planning guidance, planning law and guidance on designation and development of areas of land delivered by the Place and Spatial Planning Team which sits within the Strategic Policy, Planning and Performance department.
The Strategic Policy, Planning and Performance department is registered as a 'Controller' under the Data Protection (Jersey) Law 2018 (the "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 your information in order to provide the service described above.
How the department uses your personal data for other services
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
Information about you will, in most cases, be collected directly from you. This may be done in any of the following ways:
- by you completing our online survey
- by you telephoning, mailing or emailing us directly
- by you participating in an online webinar
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, for example name, address, email address
- organisation details, for example name of your organisation, job title or role
- technical metadata, for example IP addresses, usage data on software, systems and the internet
- publicly available information, for example information collated from public reports and data feeds, which may include information on individuals
- preferences, for example opinions or views
- voluntary information, for example unsolicited information you may provide to us when you engage with us
How we will use the information about you
We need to collect and hold information about you, in order to carry out the public functions of the Place and Spatial Planning Team. Our legal basis for processing personal data in most cases is that it is necessary for the exercise of the Place and Spatial Planning Team's 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.
Contact details, organisation details
| Determining the nature of your interest in a particular area of policy or guidance; or the development of a specific site or area. Managing our relationship with you and informing you of the outcome of consultation. | Public functions: The processing is necessary for the exercise of any function of Crown, the States or any public authority (Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Specifically, the Minister for the Environment may publish guidelines and policies in respect of development generally; any class of development; the development of any area of land; or the development of a specified site.
The Minister for the Environment may designate areas of land as conservation areas where there attaches a special architectural or historical interest, for the purpose of protecting and improving the character or appearance of that area. The Minister may also, by Order, determine those works which do not require planning permission (and, by definition, those which do).
(Article 6, 8 and 56A of the Planning and Building (Jersey) Law 2002. |
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Preferences | Gathering views and opinions about a particular area of policy or guidance; or the development of a specific site or area in order to help inform decision-making. | Public functions: The processing is necessary for the exercise of any function of Crown, the States or any public authority (Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Specifically, the Minister for the Environment may publish guidelines and policies in respect of development generally; any class of development; the development of any area of land; or the development of a specified site.
The Minister for the Environment may designate areas of land as conservation areas where there attaches a special architectural or historical interest, for the purpose of protecting and improving the character or appearance of that area. The Minister may also, by Order, determine those works which do not require planning permission (and, by definition, those which do).
(Article 6, 8 and 56A of the Planning and Building (Jersey) Law 2002. |
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Who we share your personal information with
Other data controllers
We may 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 and/or detection of crime; for national security purposes; for the purposes of meeting statutory obligations; or to prevent risk of harm to an individual, etc.
In some instances, this data sharing may require us to transfer your personal data outside Jersey and the EEA, however, we shall only do this with the necessary safeguards in place and where it is lawful because it is necessary and proportionate for the proper discharge of our statutory functions.
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:
- email and data storage providers such as Microsoft
- online survey providers such as SmartSurvey or Citizen Space
- event ticketing providers such as Eventbrite
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 for the following reasons:
- where you have responded to a consultation, although your comments will be anonymised to protect your identity where the contribution is made in a private capacity. If it is from a person on behalf of an organisation, views and connection with the organisation may be attributed
- where you have responded to a site- or area-specific consultation, we may publish your street name and parish alongside your comment on our website. This is published because geographic origin of comments provides important context for comments on land use matters, particularly where the guidance is about specific sites or areas
- we may record and publish webinar presentations on our website. If you participate in a webinar this means that any personal information displayed as a consequence of your participation, such as your name and/or image, will form part of this publication
How long we store the information about you
We will keep your information accurate and up to date and not keep it for longer than is necessary in order to publish the response to consultation. Please ask to see our retention schedule for more detail about how long we retain your information.
Where 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.
Some of our service providers (such as Eventbrite) is a Delaware corporation with its principal place of business at 535 Mission Street, 8th Floor, San Francisco, CA 94105. We ensure that all service providers who process personal data on our behalf outside Europe are subject to contractual restrictions that ensure they will continue to protect the data in accordance with EU requirements (known as 'Standard Contractual Clauses) or that another mechanism (such as Adequacy) that complies with the international transfer restrictions in the Data Protection Law, is in place.
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.
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
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 3 above), you can withdraw your consent by contacting the Data Governance Officer at the Strategic Policy, Planning and Performance department at r.young3@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 wish to make a complaint about how your personal data is processed, you can contact the Government's Data Protection Officer.
If you believe that Strategic Policy, Planning and Performance department 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 please contact us 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.
This version was last updated on 25 October 2022.
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