Subject access request
Under the Data Protection (Jersey) Law 2018 (the “Data Protection Law”), an individual has (subject to certain exemptions) the right to be told whether the JFSC, as a data controller, is processing any personal data about that individual; and if so, to be provided with a copy of that data. The records covered by the Data Protection Law include all computer records and limited categories of manual records.
Where an exemption is available under the Data Protection Law, personal data may be withheld. For example:
- where data contain details about another individual - unless that other individual agrees to their data being provided or it is reasonable in all of the circumstances to comply with a request without the consent of the other individual
- where data are processed for the prevention, detection or investigation anywhere of crime
- to the extent to which the disclosure of data would be likely to prejudice the proper discharge of the JFSC’s statutory functions.
Processing requests can take up to four weeks and could be extended by a further eight weeks, as permitted under the Data Protection Law. We will also need to verify your identity before processing a subject access request.
You will need to provide information about yourself that will assist the JFSC in finding the personal data you require. If you use the JFSC subject access request form, we would recommend that you complete this section fully and carefully, as the information will be used as the basis for the JFSC’s internal searches.
Where you have submitted a request for personal data via a legal representative, you may still be required to provide proof of your identity. Our response may be sent to your legal representative’s offices.
Proof of your identity
We have a duty to ensure that the personal data we process is secure. We will only provide personal data to you if we are satisfied that you are entitled to the data. The JFSC therefore requires you to provide reasonable proof of your identity. Requests for personal data that do not include acceptable identification will not be processed.
If you believe that any personal data the JFSC holds about you may identify another individual, we may need that individual’s written consent before providing you with that personal data. The JFSC may also request, that you provide their proof of identity to a similar standard that is required for you).
Helping us to find the data
In order to help us with our internal searches, we would ask that you try to specify the nature of the personal data that you are seeking, its possible location if known (e.g. who in the JFSC was / might be dealing with the matter), and the time period in which data was processed. You are not obliged to do this, but it may help us to provide you with the information you require.
Submitting a subject access request
Please send proof of identity and, where relevant, details of any requests to:
Data Protection Officer
Jersey Financial Services Commission
PO Box 267
14 – 18 Castle Street
Jersey JE4 8TP