Freedom of
Information (Jersey) Law 2011
A LAW to provide for the supply of
information held by public authorities and for connected purposes.
Commencement [see endnotes]
part 1
General
1 Interpretation
In this Law, unless a
contrary intention appears –
“absolutely exempt
information” means information of a type specified in Part 4;
“administration of
the States” means –
(a) a
department established on behalf of the States; and
(b) a
body, office or unit of administration, established on behalf of the States
(including under an enactment);
“information”
means information recorded in any form;
“Information Commissioner”
means the person appointed as such under Article 5(1) of the Data
Protection Authority (Jersey) Law 2018;
“function”
includes a duty and a power;
“public authority”
means –
(a) the
States Assembly including the States Greffe;
(b) a
Minister;
(c) a
committee or other body established by a resolution of the States or by, or in
accordance with, standing orders of the States Assembly;
(d) an
administration of the States;
(e) a
Department referred to in Article 1 of the Departments
of the Judiciary and the Legislature (Jersey) Law 1965;
(f) the
States of Jersey Police Force;
(g) a
parish;
(h) to
the extent not included in paragraph (a) to (g) above, any body (whether
incorporated or unincorporated) –
(i) which is in
receipt of funding at least half of which is from the States in one or more
years,
(ii) which
carries out statutory functions,
(iii) which
is appointed, or whose officers are appointed, by a Minister,
(iv) which
appears to the States to exercise functions of a public nature, or
(v) which provides any
service under a contract made with any public authority described in paragraphs (a)
to (g), the provision of such service being a function of that authority;
“qualified exempt
information” means information of a type specified in Part 5;
“Regulations”
means Regulations made by the States for the purposes of this Law;
“scheduled public
authority” means a public authority described in Schedule 1.[1]
2 Meaning
of “request for information”
(1) For
the purposes of this Law, “request for information” means a request
for information made under this Law that –
(a) is in
writing;
(b) states
the name of the applicant;
(c) states
an address for correspondence; and
(d) describes
in adequate detail the information requested.
(2) In
paragraph (1)(a), a request for information in writing includes a request
for information transmitted by electronic means if the request –
(a) is
received in legible form; and
(b) is
capable of being used for subsequent reference.
3 Meaning
of “information held by a public authority”
For the purposes of this
Law, information is held by a public authority if –
(a) it
is held by the authority, otherwise than on behalf of another person; or
(b) it
is held by another person on behalf of the authority.
4 Meaning
of “information to be supplied by a public authority”
(1) For
the purposes of this Law, the information held by a public authority at the
time when a request for the information is received is the information that is
to be taken to have been requested.
(2) However,
account may be taken of any amendment or deletion made to the information between
the time when the request for the information was received and the time when it
is supplied if the amendment or deletion would have been made regardless of the
request for the information.
5 Law
does not prohibit the supply of information
Nothing in this Law is to
be taken or interpreted as prohibiting a public authority from supplying any
information it is requested to supply.
6 Parts
and Schedule 1 may be amended by Regulations
The States may, by
Regulations –
(a) amend
any of Articles 1 to 4 and Schedule 1;
(b) amend
Parts 4 and 5 by adding further descriptions of absolutely exempt
information or qualified exempt information.
7 Scheduled
public authorities to prepare information index
Each scheduled public
authority, in order to facilitate the implementation of this Law, must prepare
and maintain an index of the information that it holds.
Part 2
Access to information held
by a scheduled public Authority
8 General
right to be supplied with information held by a scheduled public authority
If a person makes a
request for information held by a scheduled public authority –
(a) the
person has a general right to be supplied with the information by that
authority; and
(b) except
as otherwise provided by this Law, the authority has a duty to supply the
person with the information.
9 When a scheduled public authority
may refuse to supply information it holds
(1) A
scheduled public authority may refuse to supply information it holds and has
been requested to supply if the information is absolutely exempt
information.
(2) A
scheduled public authority must supply qualified exempt information it has been
requested to supply unless it is satisfied that, in all the circumstances of
the case, the public interest in supplying the information is outweighed by the
public interest in not doing so.
(3) A
scheduled public authority may refuse to supply information it holds and has
been requested to supply if –
(a) a
provision of Part 3 applies in respect of the request;
(b) a
fee payable under Article 15 or 16 is not paid; or
(c) Article 16(1)
applies.
10 Obligation of scheduled public
authority to confirm or deny holding information
(1) Subject
to paragraph (2), if –
(a) a
person makes a request for information to a scheduled public authority; and
(b) the
authority does not hold the information,
it must inform the applicant accordingly.
(2) If
a person makes a request for information to a scheduled public authority
and –
(a) the
information is absolutely exempt information or qualified exempt information;
or
(b) if
the authority does not hold the information, the information would be
absolutely exempt information or qualified exempt information if it had held
it,
the authority may refuse to inform the applicant whether or not it holds
the information if it is satisfied that, in all the circumstances of the case,
it is in the public interest to do so.
(3) If
a scheduled public authority so refuses –
(a) it
shall be taken for the purpose of this Law to have refused to supply the
information requested on the ground that it is absolutely exempt information;
and
(b) it
need not inform the applicant of the specific ground upon which it is refusing
the request or, if the authority does not hold the information, the specific
ground upon which it would have refused the request had it held the
information.
11 Means
by which a scheduled public authority may supply information
A scheduled public
authority may comply with a request for information by supplying the
information by any reasonable means.
12 Duty
of a scheduled public authority to supply advice and assistance
A scheduled public
authority must make reasonable efforts to ensure that a person who makes, or
wishes to make, a request to it for information is supplied with sufficient
advice and assistance to enable the person to do so.
13 Time
within which a scheduled public authority must deal with a request for
information
(1) A
scheduled public authority must deal with a request for information promptly.
(2) If
it supplies the information it must do so, in any event, no later than –
(a) the
end of the period of 20 working days following the day on which it
received the request; or
(b) if
another period is prescribed by Regulations, not later than the end of that
period.
(3) However,
the period mentioned in paragraph (2) does not start to run –
(a) if
the scheduled public authority has, under Article 14, sought details of
the information requested, until the details are supplied; or
(b) if
the scheduled public authority has informed the applicant that a fee is payable
under Article 15 or 16, until the fee is paid.
(4) If
a scheduled public authority fails to comply with a request for
information –
(a) within
the period mentioned in paragraph (2); or
(b) within
such further period as the applicant may allow,
the applicant may treat
the failure as a decision by the authority to refuse to supply the information on
the ground that it is absolutely exempt information.
(5) In
this Article “working day” means a day other than –
(a) a
Saturday, a Sunday, Christmas Day, or Good Friday; or
(b) a day
that is a bank holiday or a public holiday under the Public
Holidays and Bank Holidays (Jersey) Law 1951.
14 A
scheduled public authority may request additional details
A scheduled public
authority that has been requested to supply information may request the
applicant to supply it with further details of the information so that the
authority may identify and locate the information.
15 A
scheduled public authority may request fee for supplying information
(1) A
scheduled public authority that has been requested to supply information may
request the applicant to pay for the supply of the information a fee determined
by the scheduled public authority in the manner prescribed by Regulations.
(2) The
request for the fee must be made within the time allowed to the scheduled
public authority to comply with the request for the information.
16 A
scheduled public authority may refuse to supply information if cost excessive
(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.[2]
(2) Despite
paragraph (1), a scheduled public authority may still supply the
information requested on payment to it of a fee determined by the authority in
the manner prescribed by Regulations for the purposes of this Article.
(3) Regulations
may provide that, in such circumstances as the Regulations prescribe, if two or
more requests for information are made to a scheduled public
authority –
(a) by
one person; or
(b) by
different persons who appear to the scheduled public authority to be acting in
concert or in pursuance of a campaign,
the estimated cost of
complying with any of the requests is to be taken to be the estimated total
cost of complying with all of them.
17 Where
public records transferred to the Jersey Heritage Trust
An application for
information that has been transferred by a scheduled public authority to the
Jersey Heritage Trust shall be dealt with in the manner prescribed by
Regulations.
18 Where
a scheduled public authority refuses a request
The States may, by
Regulations, prescribe the manner in which a scheduled public authority may
refuse a request for information.
19 A
scheduled public authority must supply information held by it for a long time
(1) If
a request is made to a scheduled public authority for information that it need
not otherwise supply by virtue of –
(a) Article 28;
(b) Article 30;
(c) Article 33;
(d) Article 34;
(e) Article 37;
or
(f) Article 39,
it must supply the
information if it has held the information for more than 30 years.
(2) If
a request is made to a scheduled public authority for other information that it
need not otherwise supply by virtue of any other provision of Part 4
or 5, it must supply the information if it has held the information for
more than 100 years.
(3) The
States may, by Regulations –
(a) exempt
any information from the provisions of paragraph (1) or (2); or
(b) specify
such other period for the purposes of paragraph (1) or (2) as it thinks
fit.
20 Publication
schemes
Regulations may prescribe
requirements for a scheduled public authority to adopt and maintain a scheme
requiring it to publish information.
Part 3
VEXATIOUS AND repeated requests
21 A
scheduled public authority need not comply with vexatious requests
(1) A
scheduled public authority need not comply with a request for information if it
considers the request to be vexatious.
(2) In
this Article, a request is not vexatious simply because the intention of the
applicant is to obtain information –
(a) to
embarrass the scheduled public authority or some other public authority or
person; or
(b) for a
political purpose.
(3) However,
a request may be vexatious if –
(a) the
applicant has no real interest in the information sought; and
(b) the
information is being sought for an illegitimate reason, which may include a
desire to cause administrative difficulty or inconvenience.
22 A
scheduled public authority need not comply with repeated requests
(1) This
Article applies if –
(a) an
applicant has previously made a request for information to a scheduled public
authority that it has complied with; and
(b) the
applicant makes a request for information that is identical or substantially
similar.
(2) The
scheduled public authority may refuse to comply with the request unless a
reasonable interval has elapsed between compliance with the previous request
and the making of the current request.
Part 4
absolutely
exempt information
23 Information
accessible to applicant by other means
(1) Information
is absolutely exempt information if it is reasonably available to the
applicant, otherwise than under this Law, whether or not free of charge.
(2) A
scheduled public authority that refuses an application for information on this
ground must make reasonable efforts to inform the applicant where the applicant
may obtain the information.
24 Court
information
(1) Information
is absolutely exempt information if it is held by a scheduled public authority
only by virtue of being contained in a document –
(a) filed
with, or otherwise placed in the custody of, a court; or
(b) served
upon, or by, the scheduled public authority,
in proceedings in a
particular cause or matter.
(2) Information
is absolutely exempt information if it is held by a scheduled public authority
only by virtue of being contained in a document created by –
(a) a
court; or
(b) a
member of the administrative staff of a court,
in proceedings in a
particular cause or matter.
(3) Information
is absolutely exempt information if it is held by a scheduled public authority
only by virtue of being contained in a document –
(a) placed
in the custody of; or
(b) created
by,
a person conducting an
inquiry or arbitration, for the purposes of the inquiry or arbitration.
(4) In
this Article –
“arbitration”
means arbitration to which Part 2 of the Arbitration
(Jersey) Law 1998 applies;
“court”
includes any tribunal in which legal proceedings may be brought;
“inquiry”
means an inquiry or a hearing held under an enactment;
“proceedings in a
particular cause or matter” includes an inquest or post-mortem
examination.
25 Personal information
(1) Information
is absolutely exempt information if it constitutes personal data of which
the applicant is the data subject as defined in the Data
Protection (Jersey) Law 2005.
(2) Information
is absolutely exempt information if –
(a) it
constitutes personal data of which the applicant is not the data subject as
defined in the Data
Protection (Jersey) Law 2018; and
(b) its
supply to a member of the public would contravene any of the data protection
principles, as defined in that Law.[3]
(3) In determining for the
purposes of this Article whether the lawfulness principle in Article 8(1)(a)
of the Data Protection (Jersey)
Law 2018 would be contravened by the
disclosure of information, paragraph 5(1) of Schedule 2 to that Law
(legitimate interests) is to be read as if sub-paragraph (b) (which
disapplies the provision where the controller is a public authority) were
omitted.[4]
26 Information
supplied in confidence
Information is absolutely
exempt information if –
(a) it
was obtained by the scheduled public authority from another person (including
another public authority); and
(b) the
disclosure of the information to the public by the scheduled public authority
holding it would constitute a breach of confidence actionable by that or any
other person.
26A Information supplied
by, or relating to, bodies dealing with security matters[5]
(1) Information
is absolutely exempt information if it is held by a scheduled public authority
and either or both of the following apply –
(a) it
was directly or indirectly supplied to the scheduled public authority by any of
the bodies specified in paragraph (2); or
(b) it
relates to any of those bodies.
(2) Those
bodies are –
(a) the
Security Service within the meaning of section 1 of the Security Service
Act 1989 of the United Kingdom;
(b) the
Secret Intelligence Service within the meaning of section 1 of the Intelligence
Services Act 1994 of the United Kingdom;
(c) the
Government Communications Headquarters within the meaning of section 3 of
the Intelligence Services Act 1994 of the United Kingdom, including any
unit or part of a unit of the armed forces of the Crown which is for the time
being required by the Secretary of State to assist the Government
Communications Headquarters in carrying out its functions;
(d) the
special forces within the meaning of section 84 of the Freedom of
Information Act 2000 of the United Kingdom;
(e) the
Tribunal established under section 65 of the Regulation of Investigatory
Powers Act 2000 of the United Kingdom;
(f) the
Tribunal established under section 7 of the Interception of Communications
Act 1985 of the United Kingdom;
(g) the
Tribunal established under section 5 of the Security Service Act 1989
of the United Kingdom;
(h) the
Tribunal established under section 9 of the Intelligence Services
Act 1994 of the United Kingdom;
(i) the
Security Vetting Appeals Panel referred to in section 23(3) of the Freedom
of Information Act 2000 of the United Kingdom;
(j) the
Security Commission referred to in section 23(3) of the Freedom of
Information Act 2000 of the United Kingdom;
(k) the
National Criminal Intelligence Service established under section 2 of the Police
Act 1997 of the United Kingdom;
(l) the
Service Authority for the National Criminal Intelligence Service established
under section 1 of the Police Act 1997 of the United Kingdom;
(m) the Serious
Organised Crime Agency established under section 1 of the Serious
Organised Crime and Police Act 2005 of the United Kingdom;
(n) the
National Crime Agency formed under section 1 of the Crime and Courts Act 2013
of the United Kingdom;
(o) the
Intelligence and Security Committee of Parliament established under
section 1 of the Justice and Security Act 2013 of the United Kingdom.
(3) Except
as provided by paragraph (4), a certificate signed by the Chief Minister
certifying that the information to which it applies was directly or indirectly
supplied by, or relates to, any of the bodies specified in paragraph (2)
is conclusive evidence of that fact.
(4) A
person aggrieved by the decision of the Chief Minister to issue a certificate
under paragraph (3) may appeal to the Royal Court on the grounds that the
Chief Minister did not have reasonable grounds for issuing the certificate.
(5) The
decision of the Royal Court on the appeal shall be final.
27 National
security
(1) Information
which does not fall within Article 26A(1) is absolutely exempt information
if exemption from the obligation to disclose it under this Law is required to
safeguard national security.[6]
(2) Except
as provided by paragraph (3), a certificate signed by the Chief Minister
certifying that the exemption is required to safeguard national security is
conclusive evidence of that fact.
(3) A
person aggrieved by the decision of the Chief Minister to issue a certificate
under paragraph (2) may appeal to the Royal Court on the grounds that the
Chief Minister did not have reasonable grounds for issuing the certificate.
(4) The
decision of the Royal Court on the appeal shall be final.
28 States
Assembly privileges
(1) Information
is absolutely exempt information if exemption from the obligation to disclose
it under this Law is required to avoid an infringement of the privileges of the
States Assembly.
(2) Except
as provided by paragraph (3), a certificate signed by the Greffier of the
States certifying that exemption is required to avoid an infringement of the
privileges of the States Assembly is conclusive evidence of that fact.
(3) A
person aggrieved by the decision of the Greffier of the States to issue a
certificate under paragraph (2) may appeal to the Royal Court on the
grounds that the Greffier did not have reasonable grounds for issuing the
certificate.
(4) The
decision of the Royal Court on the appeal shall be final.
29 Other prohibitions or
restrictions
Information is absolutely
exempt information if the disclosure of the information by the scheduled public
authority holding it –
(a) is
prohibited by or under an enactment;
(b) is
incompatible with a European Union or an international obligation that applies
to Jersey; or
(c) would
constitute or be punishable as a contempt of court.
part 5
Qualified exempt
information
30 Communications
with His Majesty etc. and honours[7]
Information is qualified
exempt information if it is or relates to –
(a) a
communication with His Majesty, with any other member of the Royal Family or
with the Royal Household; or
(b) the
conferring of an honour or dignity by the Crown.
31 Advice
by the Bailiff, Deputy Bailiff or a Law Officer
Information is qualified
exempt information if it is or relates to the provision of advice by the
Bailiff, Deputy Bailiff or the Attorney General or the Solicitor General.
32 Legal
professional privilege
Information is qualified
exempt information if it is information in respect of which a claim to legal
professional privilege could be maintained in legal proceedings.
33 Commercial
interests
Information is qualified
exempt information if –
(a) it
constitutes a trade secret; or
(b) its
disclosure would, or would be likely to, prejudice the commercial interests of
a person (including the scheduled public authority holding the information).
34 The
economy
Information is qualified
exempt information if its disclosure would, or would be likely to,
prejudice –
(a) the
economic interests of Jersey; or
(b) the
financial interests of the States of Jersey.
35 Formulation
and development of policies
Information is qualified
exempt information if it relates to the formulation or development of any
proposed policy by a public authority.
36 Information
intended for future publication
(1) Information
is qualified exempt information if, at the time when the request for the
information is made, the information is being held by a public authority with a
view to its being published within 12 weeks of the date of the request.
(2) A
scheduled public authority that refuses an application for information on this
ground must make reasonable efforts to inform the applicant –
(a) of
the date when the information will be published;
(b) of
the manner in which it will be published; and
(c) by
whom it will be published.
(3) In
this Article, “published” means published –
(a) by a
public authority; or
(b) by
any other person.
37 Audit functions
(1) Information
is qualified exempt information –
(a) if
it is held by a scheduled public authority mentioned in paragraph (2); and
(b) if
its disclosure would, or would be likely to, prejudice the exercise of any of
the authority’s functions in relation to a matter mentioned in paragraph (2)(a)
or (b).
(2) A
scheduled public authority referred to in paragraph (1) is a scheduled
public authority that has functions in relation to –
(a) the
audit of the accounts of another public authority; or
(b) the
examination of the economy, efficiency and effectiveness with which another
public authority uses its resources in discharging its functions.
(3) Information
is also qualified exempt information –
(a) if
it is held by the Comptroller and Auditor General; and
(b) if
its disclosure would, or would be likely to, prejudice the exercise of any of
his or her functions.
38 Endangering
the safety or health of individuals
Information is qualified
exempt information if its disclosure would, or would be likely to –
(a) endanger
the safety of an individual; or
(b) endanger
the physical or mental health of an individual.
39 Employment
Information is qualified
exempt information if its disclosure would, or would be likely to, prejudice
pay or conditions negotiations that are being held between a public authority
and –
(a) an
employee or prospective employee of the authority; or
(b) representatives
of the employees of the authority.
40 Defence
(1) Information
is qualified exempt information if its disclosure would, or would be likely to,
prejudice –
(a) the
defence of the British Islands or any of them; or
(b) the
capability, effectiveness or security of any relevant forces.
(2) In
paragraph (1)(b) “relevant forces” means –
(a) the
armed forces of the Crown; or
(b) a
force that is co-operating with those forces or a part of those forces.
41 International
relations
(1) Information
is qualified exempt information if its disclosure would, or would be likely to,
prejudice relations between Jersey and –
(a) the
United Kingdom;
(b) a
State other than Jersey;
(c) an
international organization; or
(d) an
international court.
(2) Information
is qualified exempt information if its disclosure would, or would be likely to,
prejudice –
(a) any
Jersey interests abroad; or
(b) the
promotion or protection by Jersey of any such interest.
(3) Information
is also qualified exempt information if it is confidential information obtained
from –
(a) a
State other than Jersey;
(b) an
international organization; or
(c) an
international court.
(4) In
this Article, information obtained from a State, organization or court is
confidential while –
(a) the
terms on which it was obtained require it to be held in confidence; or
(b) the
circumstances in which it was obtained make it reasonable for the State,
organization or court to expect that it will be so held.
(5) In
this Article –
“international
court” means an international court that is not an international
organization and that was established –
(a) by a
resolution of an international organization of which the United Kingdom is a
member; or
(b) by an
international agreement to which the United Kingdom was a party;
“international organization”
means an international organization whose members include any two or more
States, or any organ of such an organization;
“State” includes the government of a State and any organ of
its government, and references to a State other than Jersey include references
to a territory for whose external relations the United Kingdom is formally
responsible.
42 Law
enforcement
Information is qualified
exempt information if its disclosure would, or would be likely to,
prejudice –
(a) the
prevention, detection or investigation of crime, whether in Jersey or
elsewhere;
(b) the
apprehension or prosecution of offenders, whether in respect of offences
committed in Jersey or elsewhere;
(c) the
administration of justice, whether in Jersey or elsewhere;
(d) the
assessment or collection of a tax or duty or of an imposition of a similar
nature;
(e) the
operation of immigration controls, whether in Jersey or elsewhere;
(f) the
maintenance of security and good order in prisons or in other institutions
where persons are lawfully detained;
(g) the
proper supervision or regulation of financial services; or
(h) the
exercise, by the Jersey Financial Services Commission, of any function imposed
on it by any enactment.
part 6
The information
commissioner and appeals
43 General
functions of the Information Commissioner
(1) The
Information Commissioner must –
(a) encourage
public authorities to follow good practice in their implementation of this Law
and the supply of information; and
(b) supply
the public with information about this Law.
(2) Each
year the Information Commissioner must prepare a general report on the exercise
by the Information Commissioner of his or her functions under this Law during
the preceding year.
(3) The
report must be laid before the States Assembly as soon as practicable.
44 The Information Commissioner may
or may be required to issue a Code of Practice
(1) Regulations
may permit or require the Information Commissioner to issue a Code of Practice
for the purposes of this Law.
(2) Regulations
made under paragraph (1) may, in particular, prescribe –
(a) the
subject matter to be addressed by a Code of Practice;
(b) any
consultation that must be undertaken or approval that must be obtained before a
Code of Practice is issued; and
(c) the
effect (if any) of complying or of not complying with a Code of Practice.
45 Powers of
Information Commissioner to enter premises, to require the supply of
information and to inspect information
Schedule 2 shall have effect.
46 Appeals
to the Information Commissioner
(1) This
Article applies to a decision by a scheduled public authority –
(a) as to
the amount of a fee payable under Article 15(1) or 16(2);
(b) as to
the cost of supplying information for the purpose of Article 16(1);
(c) to
refuse to comply with a request for information on a ground specified in Part 3;
(d) to
refuse to comply with a request for information on the ground that the
information is absolutely exempt information;
(e) to
refuse to comply with a request for information on the grounds that it is
qualified exempt information and that, in all the circumstances of the case,
the public interest in supplying the information is outweighed by the public
interest in not doing so; or
(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).[8]
(2) A
person aggrieved by a decision of a scheduled public authority to which this
Article applies, may, within 6 weeks of notice of that decision being given or,
if later, within 6 weeks of the date the applicant has exhausted any
complaints procedure provided by the scheduled public authority, appeal to the
Information Commissioner.[9]
(3) The
appeal may be made on the grounds that in all the circumstances of the case the
decision was not reasonable.
(4) The
Information Commissioner must decide the appeal as soon as is practicable but
may decide not to do so if the Commissioner is satisfied that –
(a) the
applicant has not exhausted any complaints procedure provided by the scheduled
public authority;
(b) there
has been undue delay in making the appeal;
(c) the
appeal is frivolous or vexatious; or
(d) the
appeal has been withdrawn, abandoned or previously determined by the Commissioner.
(5) The
Information Commissioner must serve a notice of his or her decision in respect
of the appeal on the applicant and on the scheduled public authority.
(6) The
notice must specify –
(a) the
Commissioner’s decision and, without revealing the information requested,
the reasons for the decision; and
(b) the
right of appeal to the Royal Court conferred by Article 47.
47 Appeals
to the Royal Court
(1) An
aggrieved person may appeal to the Royal Court against a decision of the
Information Commissioner under Article 46.
(2) The
appeal may be made on the grounds that in all the circumstances of the case the
decision was not reasonable.
(3) The
appeal must be made within 28 days of the Information Commissioner giving
notice of his or her decision to the applicant.
(4) The
decision of the Royal Court on the appeal shall be final.
(5) Where
the appeal was in respect of a decision by the Information Commissioner not to
decide an appeal, the Royal Court may direct the Information Commissioner to decide
the appeal.
(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.[10]
(6) At
the hearing by the Royal Court of an appeal the aggrieved person and the
Information Commissioner may each appear and be heard either in person or by a
representative, such representative being an advocate of the Royal Court or
such other person as the Royal Court may by rules prescribe.
48 Failure
of a scheduled public authority to comply with a notice by the Information Commissioner
(1) This
Article applies where, on an appeal under Article 46, the Information
Commissioner has served a notice on a scheduled public authority that contains one
or more of the statements set out in paragraph (2) and the authority has
not complied with the notice after –
(a) failing
to appeal under Article 47; or
(b) having
appealed, having lost the appeal.[11]
(2) The
statements mentioned in paragraph (1) are –
(a) that
the fee payable by virtue of Article 15(1) or 16(2) should be less
than the fee determined by the authority and that the information should be
supplied on payment of the fee specified in the notice;
(b) that
the cost of supplying information for the purpose of Article 16(1) should
be less than the cost determined by the authority and that the information
should be supplied on payment of the amount specified in the notice;
(c) that
the refusal by the authority to comply with a request for information on a
ground specified in Part 3 was not reasonable and that the information
should be supplied;
(d) that
the refusal by the authority to comply with a request for information on the
ground that the information was absolutely exempt information was incorrect and
that the information should be supplied;
(e) that
the refusal by the authority to comply with a request for information on the
grounds that it is qualified exempt information and that, in all the
circumstances of the case, the public interest in supplying the information is
outweighed by the public interest in not doing so was not a reasonable decision
and that the information should be supplied;
(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.[12]
(3) The
Information Commissioner may certify in writing to the Royal Court that the
scheduled public authority has failed to comply with one or more requirements
in the notice.[13]
(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.[14]
(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.[15]
part 7
miscellaneous and supplemental
49 Offence
of altering, etc. records with intent to prevent disclosure
(1) This
Article applies if –
(a) a
request for information has been made to a scheduled public authority; and
(b) under
this Law the applicant would have been entitled to be supplied with the
information.
(2) A
person is guilty of an offence and liable to a fine if the person –
(a) alters;
(b) defaces;
(c) blocks;
(d) erases;
(e) destroys;
or
(f) conceals,
a record held by the
scheduled public authority, with the intention of preventing the authority from
supplying the information to the applicant.
(3) Proceedings
for an offence under this Article shall not be instituted except by or with the
consent of the Attorney General.
50 Defamation
(1) This
Article applies if information supplied by a scheduled public authority to an
applicant under this Law was supplied to the scheduled public authority by a
third person.
(2) The
publication to the applicant of any defamatory matter contained in the
information is privileged unless the publication is shown to have been made
with malice.
51 Application
to the administrations of the States
(1) In
this Law each administration of the States is to be treated as a separate
person.
(2) However,
paragraph (1) does not enable an administration of the States to claim for
the purposes of Article 26(b) that the disclosure of information by it
would constitute a breach of confidence actionable by another administration of
the States.
52 States
exempt from criminal liability
(1) This
Article applies to the following public authorities –
(a) the
States Assembly including the States Greffe;
(b) a
committee or other body established by the States or by or in accordance with
the standing orders of the States Assembly;
(c) an
administration of the States;
(d) the Judicial
Greffe;
(e) the
Viscount’s department.
(2) A
public authority to which this Article applies is not liable to prosecution
under this Law but Article 49 applies to a person acting on behalf of or
employed by such an authority as it applies to any other person.
53 Regulations
(1) The
States may make Regulations prescribing any matter which may be prescribed
under this Law.
(2) Regulations
under this Law may contain such transitional, consequential, incidental or
supplementary provisions as appear to the States to be necessary or expedient
for the purposes of the Regulations.
54 Rules
of Court
(1) The
power to make rules of court under Article 13 of the Royal
Court (Jersey) Law 1948 shall include the power to make rules
regulating the practice and procedure on any matter relating to the Royal Court
under this Law.[16]
(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).[17]
(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.[18]
55 [19]
56 Citation
This Law may be cited as
the Freedom of Information (Jersey) Law 2011.
57 Commencement
(1) This
Law shall come into force on such day or days as the States may by Act appoint.
(2) Different
days may be appointed for different provisions of this Law or for different
purposes.