Privacy notice

The Ministry of Justice (MoJ) is committed to the protection and security of your personal information.

It is important that you read this notice so that you are aware of how and why we are using such information. This privacy notice describes how we collect and use personal information during and after your relationship with us, in accordance with data protection law.

HM Inspectorate of Prisons (HMI Prisons) is an arm’s-length body of the MoJ. We inspect the conditions and treatment of prisoners in England and Wales and detainees in all places of immigration detention in the United Kingdom. HMI Prisons is the data controller of the personal information that we collect for the purposes of its work. HMI Prisons also uses personal data for which the MoJ is the data controller (where data are collected centrally by MoJ or HMPPS, e.g. prisoner details on the Prison National Offender Management Information System).

The type of personal data we process

Through our work, we may collect and use the following information about you:

  • name
  • date of birth
  • address
  • contact details
  • prison number.

We may also collect special categories of information, such as:

  • race or ethnicity
  • religious or philosophical beliefs
  • health or sexual orientation
  • criminal convictions.

How we get your personal data and why we have it

Most of the personal information we process is provided to us directly by you for one of the following reasons:

  • you are a person that has a connection to an inspection (including a person who has offended, those with parental responsibility of children or young people who have offended, staff within organisations who provide custodial services)
  • you have explicitly subscribed to receive communications or given consent to be contacted for survey/consultation and other purposes
  • you make contact with us
  • we undertake research from information gained through inspection or other lawful means.

We also receive personal information indirectly, from the following sources in the following scenarios:

  • you are/were a prisoner and we gather information about you from existing HM Prison & Probation Service (HMPPS) databases to aid research sampling for the purposes of inspection
  • you are/were a prisoner or detainee and we receive personal information about you from HMPPS when you are involved in an incident whilst in custody for the purposes of helping us inspect prisons and places of immigration detention or identify where to inspect
  • you are/were a prisoner or detainee and someone has raised a complaint on your behalf or provided your information to us where they have concerns about your risk of harm.

We use the personal data we receive in order to:

  • take preventative measures to reduce that risk of harm where data subjects have been identified as being at risk
  • identify which prisons or places of detention to inspect (risk-led approach)
  • inform our inspections of prisons and other places of detention
  • identify which data subjects to include in our research
  • deal appropriately complaints raised to us by or about data subjects
  • contact data subjects where they have explicitly subscribed to communications or given consent to be contacted for survey/consultation purposes.

We may share this information with:

  • partner inspectorates
  • other official bodies
  • providers of custodial services who we have inspected
  • third-party service providers in the course of service delivery.

Under the UK General Data Protection Regulation (UK GDPR), the lawful bases we rely on for processing this information are:

(a) Your consent. You are able to withdraw your consent at any time. You can do this by contacting hmiprisons.enquiries@hmiprisons.gov.uk.

(b) We have a legal obligation.

(c) We have a vital interest.

(d) We need it to perform a public task.

HM Inspectorate of Prisons process personal data (including special categories) under the terms of (a)(b)(c).

[a] for example, where data subjects have explicitly subscribed to communications, or given consent to be contacted for survey/consultation purposes

[b] for example, where data subjects are under the supervision of organisations who provide custodial services, and whose work HM Inspectorate of Prisons has a legal obligation to inspect

[c] for example, where data subject(s) have been identified as being at risk of harm in order to take preventative measures to reduce that risk of harm

Additional information on the remit of HMI Prisons can be found here.

The legal bases on which the HMI Prisons processes special categories of information you have provided, is on the basis of:

  • Your explicit consent. You may withdraw your consent at any time by contacting hmiprisons.enquiries@hmiprisons.gov.uk.
  • The processing being necessary for HMI Prisons in the field of social security and social protection law.
  • The information being manifestly made public by you.
  • The processing being necessary for the establishment, exercise or defence of legal claims.
  • The processing is necessary for archiving, research or statistical purposes.
  • The processing is necessary for the safeguarding of children and of individuals at risk.

International data transfers

We do not routinely transfer data outside of the United Kingdom.

We are sometimes invited to inspect prisons or other places of detention outside of the United Kingdom. For these inspections, some personal data about staff or individuals in that establishment may be shared with that establishment, therefore requiring transfer outside of the United Kingdom.

How we store your personal data

Personal data is stored securely and in accordance with our data retention schedule. At the end of this period your data is disposed of.

Your rights

  • Your right of access – You have the right to ask us for copies of your personal information.
  • Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

Depending on the lawful basis on which your personal data is being processed, not all rights will apply.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you If you wish to exercise your data protection rights please contact:

Offender and ex-offenders:

Branston Registry
Building 16, S & T Store
Burton Road
Branston
Burton-on-Trent
Staffordshire
DE14 3EG

data.access1@justice.gov.uk

All others:

Disclosure Team
Post point 10.38
102 Petty France
London
SW1H 9AJ

data.access@justice.gov.uk

How to complain

If you have any concerns about our use of your personal data, you can contact the MoJ data protection officer:

Data Protection Officer
Ministry of Justice
10th Floor, Post Point 10.31
102 Petty France
London
SW1H 9AJ

dpo@justice.gov.uk

You can also complain to the ICO if you are unhappy with how we have used your data.

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

How to make an FOI request

You must make a Freedom of Information (FOI) request in writing.

If you cannot make your request in writing because of a disability, public authorities should help you to make the request another way – for example over the phone.

You should send email requests to: hmiprisons.enquiries@hmiprisons.gov.uk

You should send letters to:

HM Inspectorate of Prisons
3rd floor
10 South Colonnade
Canary Wharf
London
E14 4PU

Date of last review: July 2023, last updated February 2024