(Fair Processing) (Jersey) Regulations 2005
THE STATES, in pursuance of paragraph 3(1)
of Schedule 1 Part 2, and Article 67, of the Data Protection (Jersey) Law 2005, have made the following
In these Regulations, “Law” means
the Data Protection (Jersey) Law 2005.
further conditions apply: paragraph 3(1) of Schedule 1 Part 2
a case where the primary condition referred to in paragraph 3(2)(a) of Schedule
1 Part 2 to the Law is met, the further conditions that are to be met are the
conditions set out in Regulations 3, 4 and 5.
a case where the primary condition referred to in paragraph 3(2)(b) of Schedule
1 Part 2 to the Law is met because the recording of the information to be
contained in the data by, or the disclosure of the data by, the data controller
is necessary for compliance with a legal obligation imposed on the data
controller otherwise than –
of a function conferred on the data controller by or under any enactment; or
order of a court,
the further conditions that are to be met are the condition set out
in Regulations 3 and 4.
condition: no notice from individual, or insufficient information to answer
A further condition is that –
notice in writing has been received at any time by the data controller from an
individual requiring the data controller to provide the specified information
before the relevant time or as soon as practicable after that time; or
such notice in writing has been received, but the data controller does not have
sufficient information about the individual in order readily to determine
whether the data controller is processing personal data about that individual,
the data controller has sent to the individual a notice in writing stating that
the data controller cannot provide the specified information because of the
inability to make that determination, and explaining the reasons for that
of notice in writing in Regulation 3
For the purposes of Regulation 3, notice is taken to be no less
in writing just because the notice is transmitted by electronic means, if the
notice is received in legible form and is capable of being used for subsequent
condition: record of reasons why effort disproportionate
A further condition is that the data controller shall –
the reasons for his or her view that the primary condition referred to in
paragraph 3(2)(a) of Schedule 1 Part 2 to the Law is met in respect of the data;
that record while the data controller holds the data.
These Regulations may be cited as the Data Protection (Fair
Processing) (Jersey) Regulations 2005.