Dated 19 JULY 2021
HMCTS
What is the purpose of a privacy notice?
A privacy notice sets out the standards that you can expect from Her Majesty’s Courts and Tribunals Service (HMCTS) 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.
Who are we?
HM Courts & Tribunals Service is responsible for the administration of criminal, civil and family courts and tribunals in England and Wales. HMCTS is an executive agency, sponsored by the Ministry of Justice. We are made up of civil servants who together work to protect and advance the principles of justice.
We will ensure that we process your personal data:
- fairly and proportionately;
- in line with any current guidance and other publications of the Information Commissioner;
- only in ways that are relevant for the purposes for which it is to be used;
- accurately, so that it is complete, up to date, and kept up to date;
- so that it is kept for no longer than is necessary for its declared purpose;
- protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data;
Our right to change our Privacy Notice
We may make changes to our Privacy Notice from time to time. We will make clear any changes we have made to our changed Privacy Notice.
What is your personal data?
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 special categories of personal data. This is information concerning: racial or ethnic origin, political opinions, religious or philosophical beliefs, Trade Union 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.
What do we mean by processing?
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 (including deletion and destruction).
How do we process your personal data?
We will process your data strictly in accordance with the provisions of the current Data Protection legislation, comprising the UK General Data Protection Regulation (UK GDPR) and 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. Read our data protection statement.
On what basis do we process your 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 for the performance of a task in the public interest. The public interest task is the proper administration of justice. We are collecting data to facilitate the recruitment process of magistrates, and this is part of the administration of justice.
How long will we hold your data for?
We will keep your data for the length of time as set out in the Advisory Committees on Justices of the Peace Records Retention and Disposition Schedule available here.
How we collect your personal data
We will collect your personal data through the Applicant Tracking System in a number of ways, for example:
- when you start your application to the magistracy
- when you are recommended for appointment by Advisory Committees
How we use your personal data
We use your personal data for the following purposes:
- improving the management of workforce data across the magistracy;
- to inform recruitment of magistrates;
- to track candidates in their recruitment journey;
- to see where improvements are required in the recruitment system;
- to collect data on the demographic of candidates who apply;
- enabling the monitoring of diversity;
- The transfer of data from the Applicant Tracking System to e-HR for successful candidates
We will collate, process, disseminate and publish statistics based on an aggregation of data held on our personnel files or e-HR (the electronic Human Resources database owned and managed by Judicial Office in accordance with their privacy notice).
Sharing your personal data
We will share your personal data with:
- TMP – the Applicant Tracking System provider. (The systems where candidate data is held will be: TalentLink, Tazio and DOMO for reporting purposes).
- HMCTS (for operational delivery – Regional Support Units, Advisory Committees, to provide IT services);
- Judicial Office (to provide HR, library and training services);
- MOJ Data and Analytical Services for the publication of Judicial Diversity
Statistics;
- Advisory Committees on Justices of the Peace
Updating your personal information
You can update your personal data by request. This will be done in the Applicant Tracking System portal.
Security
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. All data processed by the Applicant Tracking System is encrypted while in transit and at rest.
Your rights and your personal data – the subject information rights
Unless subject to an exemption – in respect of your personal data you have a number of subject information rights. These are:
- the right to request that we correct any personal data if it is found to be inaccurate or out of date;
- the right to request your personal data is erased where it is no longer necessary for us to retain such data;
- the right to withdraw your consent to the processing of sensitive information at any time;
- the right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- the right to lodge a complaint with the Information Commissioner’s Office.
Access to personal information
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:
Disclosure Team
Post point 10.25
102 Petty France
London
SW1H 9AJ
Email: data.access@justice.gov.uk
Exemptions from your subject information rights in respect of your personal data
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.
Contact details and further information
If you have any questions about this Privacy Notice. Please contact us at:
Email address: legal.operations@justice.gov.uk
For more information about how the HMCTS handles data please contact the HMCTS Data Protection Officer:
The Data Protection Officer
Ministry of Justice
3rd Floor, Post Point 3.20
10 South Colonnades
Canary Wharf
London E14 4PU
Email: dpo@justice.gov.uk
Complaints about how we use your data
If you think we have misused your data or that we have not kept it secure, please contact the Ministry of Justice’s Data Protection Officer at the address above.
If you’re unhappy with the response you get, you can make a complaint to the Information Commissioner’s Office (ICO) by following this link – how to make a data protection complaint.
You can also contact them directly at Information Commissioner’s Office, Wycliffe House Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
Email: icocasework@ico.org.uk
You can also chat online with an advisor.