The Data Protection (Bailiwick of Guernsey) Law, 2017 (the “Data Protection Law”) requires us to provide certain information to you about the personal information we hold to carry out our work. It explains what personal information we hold, why we hold it, and what we do with it. It also explains where to find out more about an individual’s rights under data protection law.
This notice applies to all personal data collected by the Office of the Children’s Convenor (the “OCC”), except for that relating to recruitment.
Who are we?
The Children’s Convenor (the “Convenor”) is a holder of a public office. The main responsibilities of the Children’s Convenor are set out in the Children (Guernsey & Alderney) Law, 2008 (the “Children Law”) and related Ordinance, Regulations and Rules and focuses on those children and young people who may need additional help and support to make sure that they are receiving adequate care, protection, guidance and control.
The OCC is part of the CYCT System which includes the Child, Youth and CYCT and the Convenor & Tribunal Board (“the Board”). The OCC facilitates and supports the work of the Convenor.
The OCC and CYCT are key parts of this legal framework replacing the Court in the majority of cases where some form of compulsory intervention is needed to protect a child, to respond to their behaviour or to promote their health, welfare and development.
Further detail about our responsibilities and information about Tribunal Hearings can be found within the website.
The Data Protection Law
The Data Protection Law, provides a number of requirements in terms of processing activities involving personal data as well as the rights of a data subject.
The Convenor is registered as a data controller in accordance with the Data Protection Law.
Why does the Office of the Children’s Convenor need to hold personal information?
We hold personal information because someone is concerned about a child or young person and has contacted us. This can be for many different reasons, including if the child or young person is having problems with going to school, if they’ve been in trouble with the police, if someone is concerned that they are not being properly looked after or there is concern for their safety. We need this information because the Children’s Law asks us to help protect children and young people.
We use personal information to decide whether a child should be referred to a hearing of the CYCT, to evidence our decision making; and to meet our legal requirements to notify children, young people and parties, outcomes and any other decisions made in respect of a child - as required by the Children Law.
We may also use personal information for quality assurance purposes to check that personal information is being used correctly and in line with our legal responsibilities. We will also use the information for research and statistical purposes to influence and inform policy, practice and legislation in relation to the care and protection of young people and the overarching system. If we use personal information for these reasons we will make sure that individuals cannot be identified.
What personal information do we hold?
Information held by us is likely to include names, addresses, dates of birth, contact details, unique identifiers (for example, a child’s case reference number); information about an individual’s interests, personal/life history, financial situation, behaviour, educational or professional career, public life (including character, reputation, social status, marital status), family and relationship structure, friends and social connections; correspondence received from or sent to an individual; expressions of opinion; indications of the intentions of someone in respect of an individual.
We may also hold “special category data” about ethnicity, religious beliefs, political affiliations, philosophical beliefs, sexual life, sexual orientation, health data, physical characteristics, and information relating to any criminal offences and convictions as well as alleged offences.
Where do we get personal information from?
Anyone can contact the Convenor if they are concerned about a child or young person.
The Convenor will investigate children’s cases by asking for information from a number of sources – for example they might get information from a social worker if the child has one, or a doctor or teacher. This information will usually be on the child/young person referred, their parents, and other individuals associated with the child’s care. Children, young people and relevant persons can also give information to the Convenor. The Convenor will decide whether to refer a child to the CYCT.
Who has access to your personal information?
OCC staff use personal information to investigate a referral, arrange Children Convenor meetings and hearings of the CYCT, to check that personal information is being used properly, carry out research and produce statistics. We will also access personal information to fulfil people’s rights under data protection law.
Who will we share personal information with?
If we decide a Hearing of the CYCT should take place, we will share personal information with the people at that Hearing. These people can include social workers, safeguarders, family members and members of the CYCT.
We may also share information with other child protection and justice services but only if we have a lawful basis for doing this. We will share information proportionately and with adequate safeguards in place to protect the personal information.
We may also inform the victims of offences committed by young people of the outcome if they ask us for this information. (We will not however share names of children and young people and will protect the right of the child or young person to confidentiality).
How long will we hold personal information?
We retain personal information in line with Data Protection Law. Once the information is no longer needed, it is securely destroyed. Most of the information will be held until a child reaches the age of 18. We will keep some information for longer than this so that research can be done to help other children in the future but we will make sure that individuals cannot be identified. Other retention periods are comply with our statutory obligations and in accordance with our retention policy.
Transfers of Data
The OCC does not intend to transfer any personal data to authorised jurisdictions outside of the EU, or to unauthorized jurisdictions unless we are required to do so by law.
Links to other Websites
This notice does not cover any third-party websites reached via links on this website. You are advised to read the data collection statements on the other websites you visit.
What can you do if you are unhappy with the way we process your information?
One of the key objectives of the Data Protection Law is to protect and strengthen the rights of individuals in how their personal information is used. The Data Protection Law gives individuals these rights:
1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. The right to not be evaluated on the basis of automated processing
If you are unhappy with the way we process your information, please speak to our Data Protection Officer who can be contacted at:
Briarwood, La Grande Rue, St Martins
Tel: 01481 213290
Email: [email protected]
If you remain unhappy with the way we process your information you can also complain to the Data Protection Authority at the contact details below:
Office of the Data Protection Authority
St Martin’s House
St. Peter Port
Telephone 01481 742074
Email: [email protected]