UK law enforcement authorities will be able to freely transfer personal data to Guernsey Police and the Guernsey Border Agency under legislation laid in Parliament last week.
The UK Government’s positive decision on Guernsey is the first law enforcement data adequacy decision it has made using new powers gained since leaving the European Union.
This data adequacy decision will help Bailiwick Law Enforcement prevent crime and work with UK authorities during investigations. It provides UK authorities greater certainty and confidence in the regulatory landscape of Guernsey.
A law enforcement data adequacy decision is when the UK Government determines a country, organisation or sector has the necessary data protection and privacy standards needed to safeguard UK personal data, enabling the transfer of personal data without the need for further safeguards or specific authorisation. The UK carried out a full assessment of Guernsey’s law enforcement data protection legislation, working alongside the UK Information Commissioner’s Office and the States of Guernsey.
Deputy Rob Prow, President of the Committee for Home Affairs, said: “It is a significant achievement that the Bailiwick has been recognised as being law enforcement data adequate under the UK’s new framework, and the first jurisdiction to complete the assessment process since the UK left the European Union. We began the adequacy assessment process in April 2022, engaging with the UK Home Office, and it has been a huge amount of work for our Data Protection Team in particular.
“The assessment focused on the substance of data protection rights and their effective implementation, supervision, and enforcement and required the UK to satisfy itself that the system in the Bailiwick of Guernsey upholds an essentially equivalent level of protection as is afforded to personal data in the UK. The Home Office analysed the relevant legal framework and practise and based on all of the information provided concluded that the Bailiwick of Guernsey does ensure an adequate level of protection for personal data transferred from competent authorities in the United Kingdom.”
Ruari Hardy, Head of Law Enforcement, said: “Bailiwick Law Enforcement regularly works with police services and other authorities throughout the UK and the sharing of relevant information for the purposes of preventing and investigating crime is essential. This decision by the UK Government removes any potential barriers to the sharing of vital information that helps keep the Bailiwick safe and secure.”
Commenting on the news the Bailiwick’s Data Protection Commissioner, Emma Martins (pictured), said: “This is excellent news for the Bailiwick as it recognises the strong rights and protections our local legislation gives to islanders. Ensuring trust and confidence around the handling of all personal data is important for us as individuals and as a jurisdiction. Information about people who are suspected, accused, or convicted of a crime is classed as ‘special category data’ which is afforded extra protection in law. This law enforcement adequacy decision should give people assurances that this sort of very sensitive information about them will be handled in accordance with the law.”
