Data Protection (Fair Processing) (Jersey) Regulations 2005

Revised Edition

15.240.20

Showing the law as at 1 January 2006

This is a revised edition of the law




Data Protection (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[1], have made the following Regulations –

Commencement [see endnotes]

1        Interpretation

In these Regulations, “Law” means the Data Protection (Jersey) Law 2005[2].

2        Where further conditions apply: paragraph 3(1) of Schedule 1 Part 2

(1)     In 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.

(2)     In 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 –

(a)     because of a function conferred on the data controller by or under any enactment; or

(b)     by order of a court,

the further conditions that are to be met are the condition set out in Regulations 3 and 4.

3        Further condition: no notice from individual, or insufficient information to answer notice

A further condition is that –

(a)     no 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

(b)     if 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 inability.

4        Meaning 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 reference.

5        Further condition: record of reasons why effort disproportionate

A further condition is that the data controller shall –

(a)     record 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; and

(b)     keep that record while the data controller holds the data.

6        Citation

These Regulations may be cited as the Data Protection (Fair Processing) (Jersey) Regulations 2005.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Data Protection (Fair Processing) (Jersey) Regulations 2005

R&O.137/2005

1 December 2005

Table of Renumbered Provisions

Original

Current

None

 

Table of Endnote References



[1]                                    chapter 15.240

[2]                                    chapter 15.240


Page Last Updated: 03 Apr 2018