A privacy notice sets out the standards that you can expect from the JCIO when we request or hold personal information (personal data) about you; how you can access your personal data; and what you can do if you think the standards are not being met.
We are the JCIO. We are civil servants working in the Judicial Office responsible for carrying out activities provided for in the Judicial Discipline (Prescribed Procedures) Regulations 2014. The Judicial Office is an Arm’s Length Body of the Ministry of Justice (MOJ) which is made up of civil servants who together provide services for the Judiciary of England and Wales
The JCIO is the data controller for your personal data. In some circumstances a judge may be the data controller for the data that the JCIO processes.
The JCIO has a statutory role in supporting the Lord Chief Justice and the Lord Chancellor on matters of judicial discipline. We do this by:
The processes we follow when dealing with complaints are governed by statutory rules and regulations.
The JCIO is the data controller for your personal data.
We will ensure that we process your personal data:
We may make changes to our privacy notice from time to time. When we do so we will place our changed Privacy Notice on our website – https://www.complaints.judicialconduct.gov.uk and the Judicial Intranet. We will make clear any changes we have made to our changed Privacy Notice. We will always put the date and version of our Privacy Notice in its heading so that you can easily find this information.
Personal data is any information about a living individual that can be used to identify them. It includes identifiers such as name, date of birth, personal characteristics such as gender and ethnic group, qualifications and absence information.
It may also include what are known as special categories of personal data. This is information concerning: racial or ethnic origin, political opinions, religious or philosophical beliefs, TU membership, genetic or biometric data, health data, data concerning your sex life or sexual orientation.
Identification can be by the information alone or in conjunction with any other information in our possession or likely to come into our possession.
When we refer to processing we mean any activity we perform on or with your personal data such as collection, storage, adaptation, or other use.
We will process your data in accordance with the General Data Protection Regulation (the GDPR) and by the Data Protection Act 2018. This means we will keep personal data up to date; store and destroy it securely; not collect or retain excessive amounts of data; protect it from loss, misuse, unauthorised access and disclosure; and ensure that appropriate technical measures are in place to protect personal data.
We will only use and process your personal data when and how the law allows us to.
The law allows us to process your personal data as it is necessary for us to do so in the public interest and in the exercise of official authority. The public interest is the proper administration of justice or for the exercise of statutory disciplinary functions. The official authority is set out in Judicial Discipline (Prescribed Procedures) Regulations 2014 and the rules made under them.
The law also allows us to process your data with your explicit consent. Where we do so, we will ask you for that consent before we process your data. You are under no obligation to give consent if we ask for it. If you give consent you may withdraw it at any time.
We will collect your personal data in a number of ways, for example:
If you are a complainant:
If you are a judicial office holder:
If you are a third party:
We will use your personal data to:
We will collate, process, disseminate and publish statistics based on an aggregation of data held on our files or digital case management system, provided the data relating to any individual may not be identified from the resulting analysis.
We may share your personal data with:
In the interests of transparency, if a complaint about a judicial office holder concludes with a finding of misconduct, we will publish a brief statement on our website, approved by the Lord Chief Justice and the Lord Chancellor. This will include the name of the office holder and judicial office, a brief summary of the nature of the misconduct and the sanction given to you as a result. You can find further information about our publication policy at: https://www.complaints.judicialconduct.gov.uk/disciplinarystatements/
We may also share personal data with third parties for other reasons if:
You can update your personal data via eHR judicial Self Service
By contacting us by email – firstname.lastname@example.org or letter:
Judicial Conduct Investigations Office
81-82 Queen’s Building
Royal Courts of Justice
London, WC2A 2LL
We may also process the following special category of personal data as it is necessary for us to do so further to a substantial public interest. That public interest is the administration of justice. When we do so we will ensure that the processing is proportionate and that effective measures are in place to safeguard your fundamental rights and interests.
Only data relating to any illness/health condition you may have in circumstances which may be relevant to a complaint about your conduct or your ability to participate in the disciplinary process.
If we consider that it would be in your best interests to share data concerning your health with the Judicial HR Casework team, we will not do so without obtaining your explicit consent.
All staff who have access to health records shall be instructed that such information must be treated as confidential.
We may wish to use and process your personal data for a new purpose not set out in this privacy notice. Should we do so we will contact you to let you know about how we wish to use your personal data and where necessary we will seek your prior explicit consent to the new processing.
The security of your personal data is very important to us.
We will ensure that we have in place appropriate technical and organisational measures to prevent unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to personal data.
Unless subject to an exemption, in respect of your personal data you have a number of subject information rights. These are:
You can find out what personal data we hold about you by making a ‘subject access request’. If you wish to make a subject access request please contact:
Data Access & Compliance Unit
102 Petty France
In some circumstances your personal data is exempt from the subject information rights.
Exemptions apply where the personal data is processed for the purposes of assessing your suitability for judicial office or in relation to the conferral of an honour by the Crown. Exemptions may also apply where use of the subject information rights is likely to prejudice judicial independence or judicial proceedings.
Your personal data will not be kept longer than it is necessary. Personnel files, both electronic and paper, will be destroyed in line with the JCIO Retention and Disposition Schedule.
Please contact us if you have any questions about this Privacy Notice or how we handle your personal data. We can be contacted at – email@example.com
For more information about how the JCIO handles data please contact the MOJ Data Protection Officer:
Data Protection Officer
Ministry of Justice
102 Petty France
London, SW1H 9AJ
When we ask you for information, we will keep to the law. If you consider that your information has been handled incorrectly, you can contact the Information Commissioner for independent advice about data protection. You can contact the Information Commissioner at:
Information Commissioner's Office
Cheshire, SK9 5AF
Tel: 0303 123 1113www.ico.org.uk
Further information on the protection of data can also be found on the Information Commissioner’s Office website: https://ico.org.uk/for-organisations/guide-to-data-protection