Personal data is any information about a living individual that can be used to identify them, for example, their name, address, date of birth, email address or qualifications. The people who control your personal data will be the Mental Health Review Tribunal for Wales (the Tribunal) and the Welsh Government (WG).
Why are you processing my personal information?
When we refer to processing we mean any activity carried out on your personal data, such as collecting, storing, adapting or destroying. Taking notes during a tribunal hearing or publishing a decision of the Tribunal are examples of processing. We process your personal data because it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller and therefore is in accordance with Article 6(e) of the GDPR.
It is necessary because the Tribunal must process your data to discharge its statutory duties in accordance with the following legislation:
- Mental Health Act 1983 (c. 20)
- Mental Health Act 2007 (c. 12)
- Mental Health Review Tribunal for Wales Rules 2008 (S.I. 2008/2705)
What categories of personal data are you processing?
From the special categories of data listed in Article 9(1) of the GDPR, the Tribunal will be processing data on health and on racial and ethnic origin in every case. It is however possible that any of the other special categories of personal data could feature in any one case. Other special categories of personal data include information about a person’s, religious or philosophical beliefs, trade union membership, and the processing of genetic or biometric data for the purpose of uniquely identifying a natural person, or data concerning a natural person’s sex life or sexual orientation.
The Tribunal will only process special category data where it is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity in accordance with Article 9(2)(f) of the GDPR.
Where do you get my personal data from?
The Tribunal may receive your data from the following sources:
- you may provide your own data to the Tribunal (via letters of appeal, emails, other representations or orally via telephone or at Tribunal hearings
- local authorities (e.g. mental health officers who can make applications and submit representations to the Tribunal)
- the NHS (e.g. responsible medical officers who can make applications and submit representations to the Tribunal)
- legal professionals (these may be legal representatives whom you have appointed to act on your behalf and who can submit letters of appeal or other representations on your behalf)
- advocacy services (via reports or statements)
- the Ministry of Justice (and its agencies)
- the Welsh Ministers (who may submit references to the Tribunal)
Do you share my personal data with anyone else?
To allow the Tribunal to discharge its duties in accordance with the provisions of the Mental Health Act, the Tribunal may share your data with the following organisations/people:
- local authorities (e.g. mental health officers)
- the NHS (e.g. responsible medical officers)
- legal professionals (these may be legal representatives whom you have appointed to act on your behalf)
- advocacy services
- the Ministry of Justice (and its agencies)
- the Welsh Ministers
Do you transfer my personal data to other countries?
The Tribunal would only transfer data to other countries to a named person who does not reside in the United Kingdom. In such an instance, case papers would be sent to the named person by International Standard Delivery via the Royal Mail Group Ltd or by secure email.
How long do you keep my personal data?
We will retain your data for up to 6 years in line with our Retention and Disposal Schedule.
What rights do I have?
- You have the right to obtain confirmation that your data is being processed and to have access to your personal data
- You are entitled to have personal data rectified if it is inaccurate or incomplete
- You have a right to have personal data erased and to prevent processing in certain circumstances
- You have the right to ‘block’ or suppress processing of personal data in certain circumstances
- You have the right to data portability in certain circumstances
- You have the right to object to the processing in certain circumstances
Contact us
If you have any general queries regarding the content of this privacy notice or would like further information about any part of it, please contact us at: WelshTribunals@gov.wales
Data Controller
The President's Office
Mental Health Tribunal for Wales
Ground Floor Room 0.25
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ
Email: MHRT@gov.wales
Head of Governance and Assurance
Welsh Government
2nd Floor, South Wing
Cathays Park
Cardiff
CF10 3NQ
Email: DataProtectionOfficer@gov.wales
How do I complain if I am not happy?
If you are unhappy with any aspect of this privacy notice, or how your personal information is being processed, please contact us at WelshTribunals@gov.wales
If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Email: casework@ico.org.uk
Website: https://ico.org.uk/global/contact-us/