Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 2005

Revised Edition

15.240.50

Showing the law as at 1 January 2006

This is a revised edition of the law




Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 2005

THE STATES, in pursuance of Articles 7(4), (5) and (11), 8(1) and 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        Extent of subject access requests

(1)     A request for information under any provision of Article 7(1) and (2) of the Law is to be treated as extending to information under the other provisions of those paragraphs.

(2)     A request for information under any provision of those paragraphs is to be treated as extending to information under the provisions of Article 7(3) of the Law if the request shows an express intention to that effect.

(3)     A request for information under the provisions of Article 7(3) of the Law is to be treated as extending also to information under any provision of Article 7(1) and (2) if the request shows an express intention to that effect.

3        Maximum subject access fee

For the purposes of Article 7(4)(b) of the Law, the prescribed maximum fee is £10, except as otherwise provided by Regulation 4, 5, 6 or 7.

4        Requests for subject access if data controller is credit reference agency

(1)     In any case in which a request under Article 7 of the Law has been made to a data controller who is a credit reference agency, and has been limited, or by virtue of Article 9(2) of the Law is taken to have been limited, to personal data relevant to an individual’s financial standing –

(a)     for the purposes of Article 7(4)(b) of the Law, the prescribed maximum fee in respect of the request is £2; and

(b)     for the purposes of Article 7(11) of the Law the prescribed period is 7 working days.

(2)     In this Regulation, “working day” means a day other than Christmas Day or Good Friday, and other than a Saturday, Sunday, bank holiday or public holiday.

5        Requests for subject access if data held on Police National Computer

In any case in which a request under Article 7 of the Law has been made to the Chief Officer of the States of Jersey Police Force as data controller in respect of personal data that are held on the Police National Computer the prescribed maximum fee in respect of the request is £20.

6        Requests for subject access if data held by school

In any case in which a request under Article 7 of the Law has been made to a school as data controller in respect of personal data that are held by the school the prescribed maximum fee in respect of the request is £30.

7        Certain subject access requests in respect of health records – transitional provisions

(1)     This Regulation applies only in the case of a request made under Article 7 of the Law that –

(a)     relates wholly or partly to personal data forming part of a health record;

(b)     does not relate exclusively to data within paragraphs (a) and (b) of the definition of data in Article 1(1) of the Law; and

(c)     is made before the end of the first transitional period.

(2)     If the obligation imposed by Article 7(2)(a) of the Law is to be complied with by supplying the data subject with a copy of some or all of the information in permanent form, for the purposes of Article 7(4)(b) of the Law the prescribed maximum fee in respect of the relevant request is £50.

(3)     In any other case to which this Regulation applies, a data controller shall not require a fee if the relevant request relates solely to personal data that –

(a)     are a health record some of which was made after the beginning of the period of 40 days immediately preceding the date of the request; and

(b)     do not fall within paragraph (a) or (b) of the definition of data in Article 1(1) of the Law.

(4)     In the case of a request in any case to which this Regulation applies, an individual making the request may specify that it is limited to personal data of the description set out in paragraph (3).

8        Citation

These Regulations may be cited as the Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 2005.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 2005

R&O.142/2005

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