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Make a Complaint
You have the right to submit a formal complaint if:
- You believe your data protection rights have been breached.
- The issue could not be resolved through direct contact with the organisation.
- You believe the concern cannot be resolved through our Amicable Resolution process or our general advice has not been able to help address the problem.
However, it’s important to understand that this is the most formal of the three options and may take longer to resolve due to legal requirements we must follow due to the steps and legal timeframes set out in the Data Protection Authority (Jersey) Law 2018.
Before you make a formal complaint:
- If your complaint relates to a specific right (such as access to your data or having it erased), we will usually ask that you first try to resolve the issue directly with the organisation through their own complaints process.
- If your concern involves unlawful data use (such as processing your information without consent), it may still be helpful to contact the organisation first - but you may also choose to bring the matter directly to us.
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It is important to note that:
- We are not required to investigate every complaint. We may decline to open a formal investigation if a complaint is clearly unfounded, excessive, repetitive, or vexatious (i.e. made in bad faith). This means that if you submit a formal complaint, we will review it and decide whether it is something we are formally obliged to investigate. If we decide not to investigate, we will write to you and let you know why.
- If we do investigate, we will notify the organisation involved and request a formal response from them. You will be kept informed of the investigation’s progress and our decision.
- In most cases, we are unable to investigate complaints anonymously, as the organisation must understand the nature of the concern in order to respond to the complaint and so we can properly investigate.
- We may impose sanctions, including administrative fines (although we cannot fine Government of Jersey departments). We do not keep any fines collected - these are paid to the Government - not to the complainant or to our office. We cannot award compensation or ask an organisation to pay compensation to you.
Further information
For an easy overview of what we can/cannot do, please see our infographic here. To understand how we deal with complaints, please click here.
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