This is to make it easier to understand and provide you with more information about how the States of Jersey Police may seek to collect and hold additional information about you in relation to the unprecedented challenges we are all facing during the Coronavirus pandemic (COVID-19).

We may seek to collect and process your personal data in response to the recent outbreak of Coronavirus, which is above and beyond what would ordinarily be collected from you, to ensure the safety and well-being of our officers, staff and the general public.

Such information will be limited to what is proportionate and necessary, taking into account of the latest guidance issued by the Government and health professionals, in order to manage and contain the virus. It will enable the Chief Officer to effectively fulfil his functions to keep people safe.

Where Coronavirus related information is to be used for general reporting or statistics, steps will be taken to anonymise the data and general numbers used, wherever possible.

What personal data is being collected?

Personal data is being collected to enable us to identify anyone they come into contact with through their policing tasks who are in any of the high risk categories and would be considered vulnerable and/or infected with Coronavirus.

What is our lawful basis for processing your personal data?

The Data Protection (Jersey) Law 2018 requires specific conditions to be met to ensure that the processing of personal data is lawful. These relevant conditions are below:

• Schedule 2, Part 1, Paragraph 3 – is necessary in order to protect the vital interests of the data subject or another natural person.

Recital 46 of GDPR adds that “some processing may serve both important grounds of public interest and the vital interests of the data subject as for instance when processing is necessary for humanitarian purposes, including for monitoring epidemics and their spread”.

• Schedule 2, Part 1, Paragraph 4– is necessary for 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.

The Chief Officer has a common law power to protect and save lives.

The processing of special categories of personal data, which includes data concerning a person’s health, are prohibited unless specific further conditions can be met. These further relevant conditions are below:

• Schedule 2, Part 2, Paragraph 9 – 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.
  
  
• Schedule 2, Part 2, Paragraph 13 – is necessary for the exercise of any functions of the Crown, the States, any administration of the States or any public authority.
• Schedule 2, Part 2, Paragraph 14 - is necessary for reasons of substantial public interest provided for by law and is subject to appropriate protections to protect the rights and interests of the data subject.
• Schedule 2, Part 2, Paragraph 16 - necessary for reasons of public interest in the area of public health, including (but not limited to) protecting against cross border threats to health and ensuring a high standard of quality and safety of health care or social care where they are provided for by law and the processing is carried out with appropriate safeguards for the rights and freedoms of data subjects.

Am I required to provide my personal data under a statutory requirement, or am I obliged to provide it?

Whilst the provision of data cannot be mandated, you are strongly advised that it is in the best interests of all to provide this information to us so we are able to take relevant steps to keep you and others safe.

The information will be managed in confidential manner. All information will be held securely and processed on a ‘need to know’ basis by only a limited number of people. If there is a need to disclose outside of this, the minimal amount of personal data will be used.

How long will my personal data be retained?

We will only keep your information for as long as it necessary, taking into account of Government advice and the on-going risk presented by Coronavirus.

Health information provided by you in relation to this outbreak of Coronavirus will not be used for any other purpose.

When the information is no longer needed for this purpose, it will be securely deleted.

Your rights

If you would like to know more about how we process your personal data, including how you can exercise your information rights, you can go to /accessing-information/data-protection/

Further advice and guidance on this issue can be found:
Jersey Office of the Information Commissioner - Information rights (jerseyoic.org)