Register of Names
and Addresses (Jersey) Law 2012
A LAW to make provision for the
establishment of a Register of Names and Addresses of individuals in Jersey for
use by public authorities for specified purposes.
Adopted by the
States 6th July 2011
Sanctioned by
Order of Her Majesty in Council 17th October 2012
Registered by the
Royal Court 26th
October 2012
THE STATES, subject to the sanction
of Her Most Excellent Majesty in Council, have adopted the following
Law –
part 1
interpretation
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“adult” means a
person who has attained the age of 16 years;
“Court” means the
Royal Court;
“Minister” means the
Chief Minister;
“prescribe” means
prescribe by Order;
“public administration and
customer service” has the meaning in Article 2(4);
“public authority”
means any of the following –
(a) a
Minister;
(b) a
parish;
“Register” means the
Register of Names and Addresses established and maintained under Part 2;
“registrable fact”,
in relation to an individual, has the meaning in Article 2(8).
(2) The
States may by Regulations amend the definition “public authority”
in paragraph (1).
part 2
register of names and addresses
2 The
Register of Names and Addresses
(1) The
Minister must establish and maintain a register of individuals to be known as the
“Register of Names and Addresses”.
(2) The
purposes for which the Register is to be established and maintained are
confined to the statutory purposes.
(3) The
statutory purposes are –
(a) to
enable or facilitate public administration and customer service; and
(b) such
other purposes as the States may by Regulations specify under
Article 5(2).
(4) In
this Law “public administration and customer service” means any of
the following –
(a) the
provision of any service under any enactment to an individual by a public
authority;
(b) anything
done by a public authority to enable or facilitate compliance by an individual
of any duty under any enactment;
(c) anything
done by a public authority in consequence of a breach or alleged breach by an
individual of any duty under any enactment.
(5) The
States may by Regulations amend the definition of “public administration
and customer service” in paragraph (4).
(6) An
entry on the Register must be made in respect of every individual who is
specified in Regulations made under paragraph (10).
(7) An
entry in respect of an individual shall consist of the registrable facts in
relation to that individual.
(8) In
this Law, “registrable facts”, in relation to an individual,
means –
(a) the
individual’s name (including title) and residential address;
(b) the
individual’s date and place of birth;
(c) (if
the individual was not born in Jersey), the individual’s date of arrival
in Jersey;
(d) the
individual’s gender;
(e) the
individual’s social security number.
(9) The
Minister may enter on the Register registrable facts in relation to an
individual that are held by any department or administration of the States
notwithstanding anything in any enactment to the contrary.
(10) The
States shall, by Regulations, specify individuals, whether by category, class
or description, in respect of whom an entry must be made on the Register.
3 Verification
of, and changes to, the Register
(1) An
individual may apply to the Minister for a copy of the registrable facts
recorded on the Register in respect of –
(a) that
individual; and
(b) any
individual specified in Regulations made under paragraph (8) and in
accordance with those Regulations.
(2) Such
application shall –
(a) be
in such form as the Minister may determine;
(b) be
accompanied by such fee as the Minister may prescribe; and
(c) comply
with any requirements specified in the form, including the provision of any
documents establishing the identity of the person making the application.
(3) Following
an application in accordance with paragraph (2) the Minister shall supply
the individual making the application with a copy of the registrable facts
relating to the individual in respect of whom the application was made.
(4) An
individual (“the notifying individual”) must notify the Minister
forthwith of any inaccuracy in the registrable facts relating to that
individual, or an individual in respect of whom that individual may make an
application under paragraph (1), of which the notifying individual has
become aware and shall supply the Minister with such information or document as
the Minister may require to correct the inaccuracy.
(5) The
Minister may, at any time, require an individual to provide the Minister with
such documents and information as the Minister may require for the purpose of
verifying a registrable fact relating to that person.
(6) The
Minster shall update the information recorded on the Register as soon as
reasonably practicable following –
(a) notification
of an inaccuracy under paragraph (4) or the provision of documents or
information under (5); or
(b) any
change in that information given to the Minister under Article 4 or under
any enactment.
(7) The
rights of an individual under this Article in respect of registrable facts are
without prejudice to any rights that individual may have in respect of that
information under the Data Protection (Jersey) Law 2005[1].
(8) The
States may, by Regulations, specify any individual, description or class of
individual in respect of whom any individual, description or class of
individual may make an application under paragraph (1).
4 Information
to be provided to the Minister
(1) This
Article applies to an individual who is ordinarily resident in Jersey for a
continuous period of 3 months or more and who changes the name by which he
or she is ordinarily known (whether or not by deed poll).
(2) An
adult to whom this Article applies shall notify the Minister of the change of
name within one month of such change taking place.
(3) An
adult who shares a household with a child to whom this Article applies, such
adult being –
(a) the
parent of the child; or
(b) other
person with parental responsibility for the child,
shall notify the Minister of the change of the child’s name
within one month of the change taking place.
(4) This
Article shall not apply to any change of name if such change is registered
under the Marriage and Civil Status (Jersey) Law 2001[2] or the Gender Recognition
(Jersey) Law 2010[3].
(5) If
there is more than one adult who is subject to the duty under
paragraph (3), compliance with the duty by one adult shall discharge all
other adults who are subject to that duty.
(6) A
notification under paragraph (2) or (3) shall be in such form as the
Minister may determine and accompanied by any documents or other information
that the Minister requires to verify the identity of the individual who is the
subject of the notification.
(7) A
person who fails to comply with paragraph (2) or (3) shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.
(8) The
Minister may by Order modify the requirements of this Article in respect of any
individual or description of individual as may be prescribed.
5 Access
to the Register and use of information by public authorities
(1) A
public authority may use any registrable fact for the purpose of enabling or
facilitating a public administration and customer service.
(2) The
States may by Regulations make provision for any specified public authority to
use registrable facts for purposes specified in the Regulations.
(3) Regulations
under paragraph (2) may specify –
(a) all
or part of the Register;
(b) descriptions
of registrable facts,
that a specified public authority may use.
(4) The
Minister may use any registrable fact for providing statistical information to
any Minister for the purpose of –
(a) assisting
in the development and evaluation of public policy; and
(b) informing
the public about social and economic matters.
(5) For
the purposes of paragraph (4), “statistical information” does
not include personal information that is, information that relates to and
identifies a particular person whether the identity is specified in the
information or can be deduced from the information.
(6) A
public authority must not use registrable facts from the Register unless the
Minister is satisfied that the authority has adequate systems in place for
securing the confidentiality and integrity of those facts.
(7) No
public authority may use information on the Register for any purpose other than
one authorized under this Law or under any other enactment.
(8) In
this Article “use” includes accessing, obtaining, recording,
holding, and disclosing.
6 Unauthorized
disclosure of information
(1) A
person is guilty of an offence if, without lawful authority –
(a) he
or she provides any person with information that he or she is required to keep
confidential; or
(b) he
or she otherwise makes a disclosure of any such information.
(2) For
the purposes of this Article, a person is required to keep information
confidential if it is information that is or has become available to that
person by reason of holding an office or employment the duties of which relate,
in whole or in part, to –
(a) the
establishment or maintenance of the Register; or
(b) the
use of registrable facts under Article 5.
(3) For
the purposes of this Article, information is provided or otherwise disclosed
with lawful authority if such provision or disclosure –
(a) is
authorized under this Law or under another enactment;
(b) is
in pursuance of an order or direction of the Court;
(c) is
for the purposes of the performance of the duties of an office or employment
described in paragraph (2).
(4) It
is a defence for a person charged with an offence under this Article to show
that, at the time of the alleged offence, that person believed, on reasonable
grounds, that he or she had lawful authority to provide the information or to
make the disclosure in question.
(5) A
person guilty of an offence under this Article shall be liable to imprisonment
for a term of 5 years and a fine.
part 3
Supervision of operation of law
7 Appointment
of Commissioner
(1) The
Minister must appoint a Commissioner to be known as the Register of Names and
Addresses Commissioner.
(2) It
shall be the function of the Commissioner to keep under review –
(a) the
arrangements for the time being maintained by the Minister for the purposes of
his or her functions under this Law or any Regulations made under this Law; and
(b) the
arrangements made by public authorities for using registrable facts.
(3) Where
the Commissioner reviews any arrangements under paragraph (2) his or her
review must include, in particular, a review of the extent to which the
arrangements make appropriate provision –
(a) for
securing the confidentiality and integrity of information recorded on the
Register;
(b) for
dealing with complaints made by individuals about use of information recorded
on the Register.
(4) It
shall be the duty of every public authority to provide the Commissioner with
all such information (including information on the Register) as he or she may
require for the purpose of carrying out his or her functions under this Law.
(5) The
Commissioner is to hold office in accordance with the terms of his or her
appointment and shall be paid out of the annual income of the States a salary
and other remuneration in accordance with the terms of his or her appointment.
(6) As
soon as practicable after the end of each calendar year, the Commissioner must
make a report to the Minister about the carrying out of the
Commissioner’s functions.
(7) The
Commissioner may also, at any other time, make such report to the Minister on
any matter relating to the carrying out of those functions as the Commissioner
thinks fit.
(8) The
Minister must lay before the States a copy of every report made to him or her
under this Article not more than one month after receiving it.
(9) The
Commissioner’s powers under this Law are without prejudice to the powers
of the Data Protection Commissioner under the Data Protection (Jersey)
Law 2005.
part 4
miscellaneous and closing
8 Regulations
and Orders
Any Regulations or Order made under this Law may contain such
transitional, consequential, incidental or supplementary provisions as appear
to the States or the Minister, as the case requires, to be necessary or
expedient for the purposes of the Regulations or Order.
9 Citation
and commencement
(1) This
Law may be cited as the Register of Names and Addresses (Jersey) Law 2012.
(2) This
Law shall come into force on such day or days as the States may by Act appoint.
a.h. harris
Deputy Greffier of the States