This privacy notice covers the Environmental and Consumer Protection service which is delivered by Regulation which sits within the Infrastructure and Environment Department (IE).
The Infrastructure and Environment Department 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 apply for or register for something
- by telephoning, mailing or emailing us directly, asking for advice, making a complaint or to make an enquiry
- during proactive and statutory inspections of premises
In some cases, we may collect information about you from another Government of Jersey departments or from the following third parties with which we interact in order to deliver our duties:
- Customs and Immigration
- Surrey Police National Trading Standards scams team
- Health and Safety Inspectorate
- emergency services such as police, fire and ambulance
- Parishes or Honorary Police
- Ports of Jersey
- Jersey Financial Services Commission
- shipping companies or agents
- managing agents or tradesmen
- MyDeposits
- Population Office
- Housing Gateway
- Strategic Housing Unit
- Andium Homes
- Jersey Homes Trust
- Les Vaux Housing Trust
- FB Cottages Housing Trust
- Clos du Paradis Housing Trust
- Christian Homes Together Housing Trust
- Adult Mental Health
- Driver and Vehicle Standards
- Jersey Water
- Love Jersey
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, telephone number, email address
- personal identification details such as date of birth, place of birth, nationality, signatures, passport and driving licence
- landlord or property information such as address and ownership of rental properties, property portfolios, name of person or business occupying land and details of person or business who owns it
- property Inspection data such as tenancy agreements, condition reports, photos, property hazards, noise or nuisance disturbance and audio of noise
- safeguarding data such as basic data relating to illness, vulnerability, abuse, neglect or self-neglect
- investigation or prosecution and compliance data such as complaints, inspection of premises or activities, case files, witness statements, affidavits, inspections of sites or goods, on-line identifiers, such as reviewing Facebook or Amazon accounts for illegal imports, unlicensed premises
- registration, licensing and certifications data relating to business or individuals such as job role, staff training, address, telephone number, email, details of type of registration, licence, permit, supporting business documentation
- business or consignment data such as individual or business details, name, address, telephone number, email address, details of goods, vehicle registrations, plant and veterinary certifications
- location or geographic data such as site or field location, origin of goods, mapping, site sampling
- financial details such as financial transactions, refunds, proceeds of crime
- technical metadata such as IP addresses, usage data on software, systems and the Internet
- voluntary information, such as unsolicited information you may provide to us when you engage with us
- water usage data such as number of people in your household or business, the water consumption of your household or business
- borehole registration such as location of your borehole, well or watercourse, samples of your natural water supply, details of water source, extraction volumes and water quality
- discharge data such as details of potentially polluting discharges which you may make into controlled water sources
- vehicle data such as owner name and address, make, model, colour, registration number. This is usually connected to abandoned vehicles or vehicles used for fly tipping
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 Environment and Consumer Protection division. Our legal basis for processing personal data in most cases is that it is necessary for the exercise of Environment and Consumer Protection 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.
To provide an advice service regarding the property you manage, own, rent, or occupy
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 Statutory Nuisances (Jersey) Law 1999 Residential Tenancy (Jersey) Law 2011 Loi (1934) sur la Sante Publique
| Contact details, landlord property information, business data, information relating to the advice you require
|
Carry out inspections and investigate complaints relating to:
- filthy and, or verminous premises
- noise or nuisance disturbances
- housing disrepair
- Rented Dwelling licensing
- lodging houses
- tourist accommodation
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Public Health and Safety (Rented Dwellings) (Jersey) Law 2018
Statutory Nuisances (Jersey) Law 1999
Residential Tenancy (Jersey) Law 2011 Loi (1934) sur la Sante Publique
| Contact details, landlord property details, business details, property inspection details, complaints data
|
To carry out an investigation and enforcement function as a result of receiving reports of non-compliance with the laws we administer, including but not limited to:- oil pollution
- pesticide miss-use
- fly tipping
- rubbish burning, etc
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b)
Police Procedures and Criminal Evidence (Jersey) Law 2003
Public Health and Safety (Rented Dwellings) (Jersey) Law 2018
Statutory Nuisances (Jersey) Law 1999
Residential Tenancy (Jersey) Law 2011
Loi (1934) sur la Sante Publique
Food Safety (Jersey) Law 1966
Plant Health (Jersey) Law 2003
Official Controls (Animal, Food, Feed and Plant Health etc.) (Jersey) Regulations 2022
Pesticides (Jersey) Law 1991Pesticides (Jersey) Law 1991
Consumer Protection (Unfair Practices) (Jersey) Law 2018
Consumer Safety (Jersey) Law 2006
Distance Selling (Jersey) Law 2007
Intellectual Property (Unregistered Rights) (Jersey) Law 2011
Price and Charge Indicators (Jersey) Law 2008
Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009
Single-Use Plastics etc. (Restrictions) (Jersey) Law 2021
Trade Marks (Jersey) Law 2000
Video Recordings (Jersey) Law 1990
Weights and Measures (Jersey) Law 1967
Waste Management (Jersey) Law 2005
Water Pollution (Jersey) Law 2000
Water Resources (Jersey) Law 2007
Pesticides (Jersey) Law 1991 Food Safety (Jersey) Law 1966
Water (Jersey) Law 1972 Loi (1934) sur la Sante Publique | Contact details, personal identification details business data, landlord property details, property inspection details, complaints data, official identity information, investigation, prosecution or investigation data, registration, licensing and certifications, business or consignment data, location or geographic data, compliance data, details of goods and services official identity information financial details, on-line identifiers, land ownership or occupier details, water usage data, borehole registration, discharge data, vehicle data, conviction history
|
Issue licenses for Rented Dwellings
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b)
Public Health and Safety (Rented Dwellings) (Jersey) Law 2018
| Contact details, landlord property details, business details
|
Report safeguarding concerns that are identified during inspection of properties
| Data Protection (Jersey) Law 2018, Schedule 2 (Article 9) Part 2 Public Health and Safety (Rented Dwellings) (Jersey) Law 2018
Statutory Nuisances (Jersey) Law 1999
Loi (1934) sur la Sante Publique
| Contact details, property inspection details, safeguarding data
|
Answer your query, investigate your complaint or manage our relationship with you
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Food Safety (Jersey) Law 1966
Plant Health (Jersey) Law 2003
| Contact details, complaints data
|
To process registrations, licenses, and certifications for: - exporting of plant or food
- import plant or plant material
- export certifications of plant product or produce and plant vehicles
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Food Safety (Jersey) Law 1966
Plant Health (Jersey) Law 2003
Official Controls (Animal, Food, Feed and Plant Health etc.) (Jersey) Regulations 2022
| Contact details, registration, licensing and certifications
|
Carry out inspections at harbour, airport, and post office relating to imports and exports of: - plants, plant products, food
- products of animal and non-animal origin
- farm machinery
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Food Safety (Jersey) Law 1966
Plant Health (Jersey) Law 2003
Official Controls (Animal, Food, Feed and Plant Health etc.) (Jersey) Regulations 2022
| Contact details, business or consignment data, location or geographic data
|
On-Island monitoring of: Plant Pests, Pesticides and Diseases (Biosecurity)
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Food Safety (Jersey) Law 1966
Plant Health (Jersey) Law 2003
Official Controls (Animal, Food, Feed and Plant Health etc.) (Jersey) Regulations 2022
Pesticides (Jersey) Law 1991
| Contact details, location or geographic data
|
To provide an advice service regarding the supply of goods and services
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b)
| contact details, business data, information relating to the advice you require |
Undertake proactive inspections to check compliance with consumer protection legislation. Investigate and provide advice for complaints relating to: - unfair commercial practices
- price marking
- to product safety
- trademarks
- intellectual property rights unclassified video recordings
- supply of age-related products (e-cigarettes and butane canisters)
- short weights and measures distance selling
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Police Procedures and Criminal Evidence (Jersey) Law 2003 Consumer Protection (Unfair Practices) (Jersey) Law 2018 Consumer Safety (Jersey) Law 2006 Distance Selling (Jersey) Law 2007 Intellectual Property (Unregistered Rights) (Jersey) Law 2011 Price and Charge Indicators (Jersey) Law 2008 Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 Single-Use Plastics etc. (Restrictions) (Jersey) Law 2021 Trade Marks (Jersey) Law 2000 Video Recordings (Jersey) Law 1990 Weights and Measures (Jersey) Law 1967
| contact details, personal identification details, business data, official identity information, financial details, on-line identifiers, complaints data, investigative or prosecution data
|
To provide a metrological (weights and measures) service to farmers, growers and other government departments
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Weights and Measures (Jersey) Law 1967
| Business data
|
To detect and prevent scams and frauds
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Police Procedures and Criminal Evidence (Jersey) Law 2003
| Contact data, business data, any information you may have inadvertently shared with a fraudster or scammer
|
Process permits and licences for:- water discharge
- water abstraction
- waste carriers
- waste management
- borehole registration
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Waste Management (Jersey) Law 2005 Water Pollution (Jersey) Law 2000 Water Resources (Jersey) Law 2007
| Contact details, business data, land ownership or occupier details, water usage data, borehole registration, discharge data, financial details, conviction history
|
Undertake proactive inspections relating to compliance or non-compliance with water and waste permits, licenses and registrations | Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Waste Management (Jersey) Law 2005 Water Pollution (Jersey) Law 2000 Water Resources (Jersey) Law 2007
| Contact details, business data, land ownership or occupier details, water usage data, compliance data, borehole registration, discharge data, conviction history
|
To register your food business
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Food Safety (Jersey) Law 1966
| Food and beverage business registration data |
Undertake proactive inspections to of business to check compliance with food safety and water safety legislation. Investigate and provide advice for complaints relating to food establishments
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b)
Food Safety (Jersey) Law 1966 Water (Jersey) Law 1972 Restriction of Smoking (Jersey) Law 1973
| Inspection or investigation data, complaints data
|
To assess the risk to public health and carry out a track and trace exercise in order to locate the source of food or water borne disease or infection
| Data Protection (Jersey) Law 2018, Schedule 2, paragraph 4b) Food Safety (Jersey) Law 1966
Water (Jersey) Law 1972 Loi (1934) sur la Sante Publique
| Disease or infection data, disease or infection tracing data
|
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
- States of Jersey Police
- States of Jersey Fire and Rescue
- Children, Young People, Education and Skills (CYPES)
- Parish Authorities or Honorary Police
- Parishes
- Andium Homes
- Trust Companies
- Housing Gateway
- States Official Analyst
- MyDeposits
- Jersey Water
- Strategic Housing Unit
- Citizens Advice Bureau Jersey
- Population Office
- Island Energ
- Jersey Electricity
- Honorary Police
- Children's Commissioner
- Jersey Multi-Agency Safeguarding Hub
- Law Offices Department
- Ports of Jersey
- Health and Safety Inspectorate
- Jersey Water
- Harbourmaster
- States of Jersey Official Analyst
- Customs and Immigration Service
- Conveyancers or land search providers
- Minister for Social Security
- Minister for Health and Social Services
- Judicial Greffe
- Bailiff’s Chambers
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:
- IT support or security service providers such as Prosperity 24/7
- to process payments for Rented Dwelling licenses providers such as Civica
- States Treasury to process payments for permits, licenses and registrations
- provision, maintenance and servicing of Eat Safe information on the Government of Jersey website such as C5 Alliance
- database support from Northgate (MPP3)
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 or in the Jersey Gazette for the reasons set out below. This will not include your personal data as described below:
- where we are required to provide statistical information about a group of people, your data will be anonymised to protect your identity
- where you have responded to a public consultation, your comments will be anonymised to protect your identity
- where we are required by law to publicise certain information, for example where a business is a sole trader and we have obtained an undertaking from you under the Consumer Protection (Unfair Practices) (Jersey) Law 2018 or the Distance Selling (Jersey) Law 2007
- where we are required to do so as part of the Eat Safe rating system, although personal information is not included in this publication, unless your name is incorporated into your business name
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 EU. 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 European Economic Area (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 obliged under Plant Health (Phytosanitary Certificates and UK Plant Passports) (Jersey) Order 2020 and Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 to provide us with the following personal data:
a) Contact details
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, 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) (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.