Our legal basis for processing your personal data
Article 6(1) of the General Data Protection Regulations explain where the processing of personal data is lawful. These are:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
- processing is necessary for compliance with a legal obligation to which the controller is subject
- processing is necessary in order to protect the vital interests of the data subject or of another natural person
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
The Independent Advisory Panel on deaths in custody (IAP) will process personal data (including special categories) under the terms of (a)(b).
[a] for example, where data subjects have explicitly subscribed to communications, or given consent to be contacted for survey/consultation purposes
[b] for example, where data subjects have entered into a contract of employment with the Independent Advisory Panel.
Additional information on the remit of IAP can be found here
When we will process your personal data
The Independent Advisory Panel will process your personal data when:
- you are a member of staff (including prospective members of staff, fee paid staff, and short-term placements)
- you have explicitly subscribed to receive communications or given consent to be contacted for survey/consultation and other purposes
- you make contact with us
- you enter into any contract to provide services to us
- we need to fulfil any contractual obligations.
Who we might share your personal data with
We will note share your personal data other than with internal staff within the IAP.
We will not:
- sell or rent your data to third parties; or
- share your data with third parties for marketing purposes.
We will share your data if we are required to do so by law – for example, by court order, or to prevent fraud or other crime.
Your rights
You have the right to make a subject access request. This means we will confirm what personal data we hold about you and provide a copy of that data. In additional to this, you can:
- ask for any incorrect personal data to be amended
- ask for your personal data to be erased (in certain circumstances)
- object to or request we restrict the processing of your personal data
- receive a copy of your personal data in a format that is accessible to you
- object to automated decision-making and profiling (the IAP does not process personal data this way)
Requesting your personal data
If you wish to make a subject access request, please write to:
Disclosure Team
Ministry of Justice
102 Petty France
London
SW1H 9AJ
or email: data.access@justice.gov.uk
Please provide proof of identity with your request. We must provide a copy of your personal data, if held, within 30 days of receiving your request (or within receiving proof of identity).
There may be instances where you have requested your personal data but we cannot provide it due to it being exempt from disclosure. If this is the case, we will tell you in our response.
You can only request your own personal data.
How to make a complaint
If you wish to make a complaint because you feel your request has not been handled correctly, you can either contact our Data Protection Officer, using the email address below, or contact the Information Commissioner’s Office.
How to make a query
If you wish to make any queries relating to personal data, please contact:
data.compliance@justice.gov.uk
Additional information
The Independent Advisory Panel on deaths in custody is an Arm’s Length Body of the Ministry of Justice and, as such, follows its data protection and information security policies and procedures. Read the Ministry of Justice’s Information Charter.