Guidance

The Adjudicator’s Office Windrush Compensation Scheme Functions privacy notice

Published 18 December 2019

© Crown copyright 2019

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This publication is available at https://www.gov.uk/government/publications/the-adjudicators-office-windrush-compensation-scheme-functions-privacy-notice/the-adjudicators-office-windrush-compensation-scheme-functions-privacy-notice

1. Data Controller

The Adjudicator’s Office is an independent directorate within HM Revenue and Customs (HMRC). The Adjudicator’s Office is the Data Controller for personal data processed by the Adjudicator’s Office for Windrush Compensation Scheme.

The Adjudicator’s Office administers complaints about the Home Office’s Windrush Compensation Scheme and delivers a second, independent, review of Windrush Compensation Scheme decisions.

2. How we will use the information you provide

The information you provide will be used to:

  • Review of decisions made by the Home Office under the Windrush Compensation Scheme; and the
  • Review of complaints about how the Home Office has handled claims for compensation under the Windrush Compensation Scheme

The Windrush Compensation Scheme is a voluntary scheme, which operates under common law and Ministerial Direction issued by the Home Secretary. In due course legislation will be brought forward.

The lawful basis is in accordance with s.8 of the Data Protection Act 2018 (DPA 2018) processing of data is necessary for the Parties to perform a task in the public interest and/or in support of the Home Office’s official functions including:

  • the administration of justice;
  • parliamentary functions;
  • statutory functions;
  • governmental functions; or
  • activities that support or promote democratic engagement Under the General Data Protection Regulation (GDPR), the legal basis for processing your information is the exercise of official authority under Article 6 of GDPR. The basis for processing of personal information by the Adjudicator’s Office comes from the authority outlined in the memorandum of understanding between The Adjudicator’s Office and the Home Office.

4. What categories of my personal data are the Adjudicator’s Office processing?

We process data about:

  • members of the public
  • customers and clients
  • businesses
  • advisers, consultants and other professional experts
  • complainants and enquirers
  • agents and representatives
  • relatives, children, guardians, dependents and associates
  • employees

The categories of personal data the Adjudicator’s Office processes includes:

  • personal information used by the Home Office to determine applications for the Windrush Compensation Scheme
  • personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
  • gender
  • passport information including reference
  • date of birth
  • marital status and dependants
  • national Insurance number
  • bank account details
  • information about your income
  • information about your employment
  • information about your business activities
  • information about your domestic and business properties
  • any further information provided by the applicant to support that review or the investigation of their complaint

5. Where do the Adjudicator’s Office get my personal data from?

We collect personal information directly from you in circumstances such as:

  • when you register for our service
  • whenever you contact us

We’ll also collect your personal information directly from third parties such as:

  • the Home Office regarding the Windrush Compensation Scheme
  • your agent or representative
  • third parties, where relevant and necessary

6. Sharing information with third parties

We will not share your information with other parties unless it is lawful to do so. When required, the Adjudicator’s Office share your data with:

  • The Home Office, for their functions regarding the Windrush Compensation Scheme
  • The Parliamentary and Health Service Ombudsman - for their ombudsman functions for the Home Office (including the Adjudicator’s Office)

7. How long is your information held?

Information held for longer than is necessary carries additional risk and cost. Records and information should only be retained when there is a business need to do so. Under GDPR and the DPA 2018, personal data processed by the Adjudicator’s Office must not be retained for longer than is necessary for its lawful purpose.

We aim to retain your personal information for only as long as it is necessary for us to do so for the purposes for which we are using it and in line with our records management and disposal policy. Our retention policy for records is 3 years after the end of the tax year in which we process your information.

In some circumstances we’ll anonymise your personal information so that it can no longer be associated with you, in which case we will use such information without further notice to you.

8. Your rights

Note that we can restrict the application of the rights where exemptions apply. For example where compliance with a right would be likely to prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the assessment or collection of a tax or duty.

Subject to some lawful restrictions in certain circumstances, you have the right to:

  • request a copy of the personal information we hold about you
  • have any inaccuracies in the personal information corrected
  • request that your personal information is erased where there is no lawful justification for us continuing to process it
  • object to the processing of your personal information
  • request the restriction of processing of your personal information

9. Contact us

To request a copy of the information we hold about you or to make a complaint please contact:

Business Management and Transformation Team
The Adjudicator’s Office
PO Box 10280
Nottingham
NG2 9PF

HMRC has appointed a Data Protection Officer to oversee compliance with data protection obligations. The Data Protection Officer can be contacted here advice.dpa@hmrc.gsi.gov.uk

The Home Office has a data protection officer who can be contacted by:

Email: dpo@homeoffice.gov.uk

Telephone: 020 7035 6999

Or write to:

Office of the DPO
Home Office
Peel Building
2 Marsham Street
London
SW1P 4DF

You also have the right to make a complaint to the Information Commissioner’s Office (ICO).

You can contact the ICO here:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk

You can find more information about data protection and your rights by visiting the Information Commissioner’s website.

10. Changes to this privacy notice

We keep our privacy notices under regular review. If there are any changes, we will update this page. This privacy notice was last updated on 26 November 2019.

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