Data Protection (Subject Access Modification – Social Work) (Jersey) Regulations 2005

Revised Edition

15.240.80

Showing the law as at 1 January 2006

This is a revised edition of the law




Data Protection (Subject Access Modification – Social Work) (Jersey) Regulations 2005

THE STATES, in pursuance of Articles 30(3) 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        Personal data to which Regulations do not apply

These Regulations do not apply to –

(a)     personal data that consist of information as to the physical or mental health or condition of the data subject and to which the Data Protection (Subject Access Modification – Health) (Jersey) Regulations 2005[3] or the Data Protection (Subject Access Modification – Education) (Jersey) Regulations 2005[4] apply; or

(b)     personal data exempted from Article 7 of the Law by Regulations under Article 38(1) of the Law.

3        Data processed by court exempt from subject information provisions

Subject to Regulation 2, personal data specified in paragraph 2 of the Schedule are exempt from the subject information provisions.

4        Certain data processed by States exempt from Article 7 where prejudice to social work

Subject to Regulation 2, personal data specified in paragraph 1 of the Schedule are exempt from sub-paragraphs (a), (b) and (c) of Article 7(1), and Article 7(2) and (3), of the Law in any case to the extent to which the application of those provisions would be likely to prejudice the carrying out of social work by reason of the fact that serious harm to the physical or mental health or condition of the data subject or any other person would be likely to be caused.

5        Exemption from Article 7 where person looks after data subject

(1)     Subject to Regulation 2, in a case where a defined person is enabled by or under any enactment or rule of law to make a request under Article 7 of the Law on behalf of a data subject and has made such a request, personal data specified in paragraph 1 or 2 of the Schedule are exempt from Article 7 of the Law to the extent to which the application of that Article would result in the disclosure of information –

(a)     provided by the data subject in the expectation that it would not be disclosed to the person making the request;

(b)     obtained as a result of any examination or investigation to which the data subject consented in the expectation that the information would not be so disclosed; or

(c)     that the data subject has expressly indicated should not be so disclosed.

(2)     Paragraph (1)(a) or (b) does not apply to the extent that the data subject has expressly indicated that he or she no longer has the expectation referred to in that sub-paragraph.

(3)     For the purposes of this Regulation, a defined person is a person who –

(a)     has parental responsibility for a child who is the data subject; or

(b)     has been appointed by a court to manage the affairs of a person who is the data subject and incapable of managing his or her own affairs.

6        Modifications of Article 7

Subject to Regulation 2, in relation to personal data specified in paragraph 1 of the Schedule –

(a)     Article 7(7) of the Law shall have effect as if the following word and sub-paragraph were inserted at the end of the latter paragraph –

“; or

(c)     the other individual is a relevant person.”;

(b)     Article 7(12) of the Law shall have effect as if it read as follows –

“(12)  If a court is satisfied on the application of –

(a)     a person who has made a request under the other provisions of this Article; or

(b)     a person who would be likely to suffer serious harm to his or her physical or mental health or condition because of compliance with a request made under those provisions, being compliance in contravention of those provisions,

that the relevant data controller has failed to comply with or is about to comply with the request, being failure or compliance in contravention of those provisions, the court may order the data controller to comply or, as the case may be, not to comply with the request.

(12A) A person is a relevant person for the purposes of paragraph (7)(c) if he or she is or has been employed in an administration of the States in connection with functions that are or have been exercised in relation to data consisting of information that relates to him or her or that he or she supplied in his or her official capacity.”.

7        Citation

These Regulations may be cited as the Data Protection (Subject Access Modification – Social Work) (Jersey) Regulations.

 


SCHEDULE

(Regulations 3, 4 and 5)

CLASSES OF EXEMPT PERSONAL DATA

1.       Personal data processed by the States (including an administration of the States) in relation to any of the following matters –

(a)     the allocation of housing or other residential accommodation;

(b)     the provision of any benefit under the Health Insurance (Jersey) Law 1967[5] or Social Security (Jersey) Law 1974[6];

(c)     probation;

(d)     school attendance;

(e)     ensuring that children receive suitable education whether by attendance at school or otherwise;

(f)      guardianship;

(g)     a function under the Children (Jersey) Law 2002[7] or the Mental Health (Jersey) Law 1969[8].

2.-(1) Personal data processed by a court and consisting of information that –

(a)     is supplied in a report or other evidence given to the court in the course of proceedings relating to families or children; and

(b)     the court directs should be withheld from the data subject on the ground that it appears –

(i)      to be impracticable to disclose the report or other evidence having regard to the data subject’s age and understanding; or

(ii)      to be undesirable to disclose the report or other evidence having regard to the serious harm that might thereby be suffered by the data subject.

(2)     For the purposes of this paragraph, “proceedings relating to families or children” includes proceedings relating to adoption, matrimonial matters or guardianship.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Data Protection (Subject Access Modification – Social Work) (Jersey) Regulations 2005

R&O.145/2005

1 December 2005

Table of Renumbered Provisions

Original

Current

None

 

Table of Endnote References



[1]                                    chapter 15.240

[2]                                    chapter 15.240

[3]                                    chapter 15.240.60

[4]                                    chapter 15.240.55

[5]                                    chapter 26.500

[6]                                    chapter 26.900

[7]                                    chapter 12.200

[8]                                    chapter 20.650


Page Last Updated: 03 Apr 2018