Data and Confidentiality
This Privacy Notice is issued by the President of the Investigatory Powers Tribunal (“the Tribunal”). It explains how the Tribunal process your data when exercising their judicial functions, i.e. acting in a judicial capacity.
What is your personal data?
Personal data is any information about a living individual that can be used to identify them, for instance, name, address, date of birth, email address, qualifications. It may also include what are known as special categories of personal data. This is information concerning an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data or data concerning their sex life or sexual orientation.
What do we mean by processing?
For these purposes, members of the Tribunal and their Secretariat may process personal data on behalf of the Tribunal and references in this Privacy Notice to “the Tribunal” should be construed accordingly.
When we refer to processing we mean any activity the Tribunal, while exercising a judicial function, perform on or with your personal data such as collection, recording, storage, adaptation, destruction or other use. This includes, but is not limited to, taking notes while investigating, hearing, considering or determining any proceedings, complaint, reference or matter, and drafting determinations, awards, orders, other decisions or reports and requests for assistance, information or documents.
How do we process your personal data?
The Tribunal process your data consistently with data protection law. This is set out in the UK General Data Protection Regulation, the Data Protection Law Enforcement Directive 2016 and the Data Protection Act 2018. It should be noted that the Tribunal are not a “public authority” or “FOI public authority” for the purposes of the Freedom of Information Act 2000, the Freedom of Information (Scotland) Act 2002 or the Data Protection Act 2018.
Why do we process your personal data?
The Tribunal process your data to carry out their statutory functions and their constitutional function of doing justice according to law. They do so to support the rule of law.
Legal basis for processing
The Tribunal process your data in the exercise of their statutory jurisdiction. They do so as this is necessary in the public interest or in the exercise of official authority vested in them. The public interest is the administration of justice.
The Tribunal may also process your data whilst acting in a judicial capacity when to do so is necessary to comply with legislation or where it is in their legitimate interest to do so.
Sharing your personal data
The Regulation of Investigatory Powers Act 2000 and Investigatory Powers Tribunal Rules made thereunder regulate the proceedings of the Tribunal, the exercise of their statutory jurisdiction and the circumstances in which they may: disclose information or documents to others with or without consent; request assistance, information or documents from others; hold oral hearings in public or private; give notice of their determinations, awards, orders or other decisions; and make reports to the Prime Minister.
The Investigatory Powers Tribunal Rules 2018 apply to certain complaints and proceedings made or brought to the Tribunal and Rule 7 provides that the Tribunal may not disclose certain related details and materials to anyone other than “a Commissioner” without the consent of the complainant.
Where the Tribunal holds an oral hearing in public, this is an aspect of the constitutional right to open justice.
Save as provided for in the above legislation, there is generally no expectation of privacy in personal data processed by the Tribunal exercising judicial functions.
Your personal data may be shared by the Tribunal whilst acting in a judicial capacity with, but not limited to:
- the parties to or subjects of proceedings, complaints, references or matters before the Tribunal and their legal representatives;
- independent counsel and special investigators instructed to assist the Tribunal and special advocates;
- witnesses giving evidence in proceedings, complaints, references or matters before the Tribunal;
- other courts and tribunals in the United Kingdom;
- Her Majesty’s Courts and Tribunals Service;
- law reporters and the media generally;
- public authorities;
- the Investigatory Powers Commissioner, the Investigatory Powers Commissioner for Northern Ireland, other Judicial Commissioners appointed under the Investigatory Powers Act 2016 and other regulatory bodies;
- the public.
Your personal data may also be shared with other courts and tribunals in other countries where this is necessary further to the administration of justice or to comply with, or to fulfil, legal obligations.
Publication of your personal data
Subject to the above statutory restrictions, personal data processed by the Tribunal exercising judicial functions may be published in its determinations, awards, orders or other decisions. This may be necessary in the public interest of the administration of justice. It may be necessary to enable individuals to understand their rights and obligations, which is an aspect of the rule of law.
Such publication may also be a requirement of the constitutional principle of open justice and be necessary to support the rule of law. As such it may be in the public interest.
The Tribunal may, where it is strictly necessary pursuant to statute or in the interests of the administration of justice, place restrictions on personal data, such as an individual’s name, which is placed in a determination. They may also hold legal proceedings in private. Such decisions are judicial decisions and can only be taken within legal proceedings. Individuals wishing to raise such matters should make representation to the Tribunal to this effect citing their reasons for requesting restrictions.
Subject Access Rights
The UK General Data Protection Regulation ordinarily provides individuals with rights concerning their personal information, such as the right to request a copy of information held by the organisation that has processed it. Those rights do not apply where your personal data is processed by the Tribunal exercising judicial functions.
Further information about Data Protection
If you wish to receive further information about data protection law generally you can contact the Information Commissioner at:
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 0303 123 1113
ico.org.uk/for-organisations/guide-to-data-protection
You should be aware that where the Tribunal are exercising judicial functions the Information Commissioner has no supervisory authority.
Changes to this Privacy Notice
This Privacy Notice was first published in April 2023. Any changes will be placed on the Tribunal website.
Further Information about this Privacy Notice
If you are unhappy with any aspect of this Privacy Notice or have concerns about how your personal data was processed by the Tribunal exercising judicial functions you can contact the Judicial Data Protection Panel. The Panel can be contacted via the Judicial Office Data Privacy Officer at:
11th Floor Thomas Moore Building,
Royal Courts of Justice,
London WC2A 2LL
Or by email: JODataPrivacyOfficer@judiciary.uk