Top 5 tips for candidates

The ODPA has produced the following guidance for candidates running for the States of Guernsey.

“any information relating to an identified or identifiable [living] individual”.

Personal data is personal information.  Certain categories of personal data are called Special Category data and require additional safeguards when processing. One type of Special Category data is political opinions.

For more information, please see our Jargon Explained page.

2. Registration and understanding your responsibilities as a controller

Any prospective candidate is considered a “Controller” under the Law. This means that you are legally responsible for any personal data you process for the purposes of performing that role. Processing includes simply holding and storing the personal data.

As a controller you must ensure you comply with the Law accordingly. Guidance on the responsibilities of a controller can be found here.
You are also legally required to register with the Authority as a controller. This can be actioned through our online portal.

NB. For the purposes of registration, you would be considered an “elected official” and therefore the registration fee would be waived.

3. The Authority’s role

The Office of the Data Protection Authority (“the Authority”) is the independent regulator for the Bailiwick of Guernsey. Part of the Authority’s role includes conducting investigations into breaches and complaints regarding the processing activities and conduct of controllers in our jurisdiction.

If a controller does not comply with the Law, we have the power to issue them with a sanction, such as a reprimand or fine. We also have the power to publish statements regarding these decisions.

Further information on the Authority’s powers can be found here.

4. What is the Electoral Roll?

As a prospective candidate you will be able to apply to the Registrar-General of Electors to receive information from the Electoral Roll. You will therefore be handling a large volume of personal data – names, addresses etc.

If you have not already, we would recommend reviewing the relevant guidance at www.election2025.gg, including the Information for Prospective Candidates.

The Electoral Roll (Availability) Rules, 2020 provides further information of the requirements of prospective candidates regarding access to, and use of, the Electoral Roll.

Prospective candidates should familiarise themselves with this document, including section 5, which details important restrictions on the sharing of Electoral Roll information with any other persons.

Failure to comply with these requirements could lead to regulatory action being taken by the Authority.

5. Appropriate use of personal data

You must ensure you only collect personal data necessary for you to perform your role as a prospective candidate e.g. for the purposes of campaigning. This data must not be excessive and should be limited to only what is required.

The Law details principles that every controller should adhere to - The Seven Data Protection Principles.

It is your responsibility to properly store any personal data, collected through your campaigning as a prospective candidate or provided to you via the Electoral Roll.

Failing to implement appropriate safeguards to protect records (electronic and physical) can result in personal data breaches and scrutiny by the Authority.
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Additionally, you must not hold personal data longer than is necessary. Therefore, you should properly and securely dispose of any personal data you hold once you no longer require it e.g. following election results or if you were to step down from the race.