Arrangement

part 1  3

part 2  5

part 3  7

A LAW to amend further the Freedom of Information (Jersey) Law 2011 and Data Protection (Jersey) Law 2005.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

“(1)    A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations.”.

“(f)    taken in compliance, or purported compliance, with any requirement of Part 2 of the Law including Regulations made under that Part, such decision being one that is not otherwise referred to in sub-paragraphs (a) to (e).”;

“(5A) Subject to paragraph (5), the Royal Court shall –

(a)     allow the appeal;

(b)     substitute for the Information Commissioner’s decision such other decision that the Information Commissioner could have made; or

(c)     dismiss the appeal.”.

“(f)    that the authority has not complied with the requirements of Part 2 of the Law, namely the requirement [insert a description of the requirement and the applicable provision setting out the requirement in Part 2 or in Regulations under that Part] and that the authority must comply with the requirement.”;

“(4)    The Court may inquire into the matter and hear –

(a)     any witness who may be produced against or on behalf of the scheduled public authority; and

(b)     any statement that may be offered in defence.

(5)     After inquiring into the matter, the Court may do either or both of the following –

(a)     deal with the scheduled public authority as if it had committed a contempt of court; and

(b)     substitute for the Information Commissioner’s notice such other notice that the Information Commissioner could have made.”.

“(2)    Without prejudice to the generality of paragraph (1), such rules of court may, in particular, make provision for –

(a)     enabling directions to be given to withhold material or restrict disclosure of any information relevant to proceedings under Article 47 from any party (including any representative of any party) to the proceedings; and

(b)     notwithstanding Article 47(6), enabling the court to conduct such proceedings in the absence of any person, including a party to the proceedings (or any representative of a party to the proceedings).

(3)     In making rules of court described in paragraph (2), regard shall be had to –

(a)     the need to secure that the decisions that are the subject of such proceedings are properly reviewed; and

(b)     the need to secure that disclosures of information are not made where they would be contrary to the public interest.”.

“, or

(d)     is recorded information held by a scheduled public authority and does not fall within any of sub-paragraphs (a) to (c);”;

“ ‘scheduled public authority’ has the same meaning as in the Freedom of Information (Jersey) Law 2011[3];”;

“(1A) In sub-paragraph (d) of the definition ‘data’ in sub-paragraph (1), the reference to information ‘held’ by a scheduled public authority shall be construed in accordance with Article 3 of the Freedom of Information (Jersey) Law 2011[4] (as if that Article referred to a scheduled public authority).”.

“9A   Unstructured personal data held by scheduled public authorities

(1)     In this Article, ‘unstructured personal data’ means any personal data falling within sub-paragraph (d) of the definition of data in Article 1(1).

(2)     A scheduled public authority is not obliged to comply with Article 7(1) in relation to any unstructured personal data unless the request under that Article contains a description of the data.

(3)     Even if a request contains a description of data as referred to in paragraph (2), a scheduled public authority is not obliged to comply with Article 7(1) in relation to unstructured personal data if the authority estimates that the cost of complying with the request in so far as it relates to those data would exceed a limit specified by the States in Regulations.

(4)     Paragraph (3) does not exempt the scheduled public authority from its obligation under Article 7(1) to inform an individual whether unstructured personal data of which that individual is the data subject are being processed by or on behalf of the data controller unless the estimated costs of complying with that obligation alone in relation to those data would exceed a limit specified by the States in Regulations.

(5)     Any estimate for the purposes of this Article must be made in accordance with Regulations under Article 16 of the Freedom of Information (Jersey) Law 2011[5] (whether or not any limit specified in Regulations for the purposes of this Article is the same as any amount determined in accordance with Regulations under Article 16).”.

“33A Manual data held by scheduled public authorities

(1)     Personal data falling within paragraph (d) of the definition ‘data’ in Article 1(d) are exempt from –

(a)     the first, second, third, fourth, fifth, seventh and eighth data protection principles;

(b)     the sixth data protection principle except so far as it relates to the rights conferred on data subjects by Articles 7 and 14;

(c)     Articles 10 to 13;

(d)     Part 3; and

(e)     Article 55.”.

“(6A) A record is not a relevant record to the extent that it relates, or is to relate, only to personal data falling within paragraph (d) of the definition ‘data’ in Article 1(1).”.