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[1]
“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[2];
(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.[3]
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[4].
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.[5]
(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[6] 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[7]; and
(b) its supply to a member of the public would
contravene any of the data protection principles, as defined in that Law.[8]
(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[9] 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.[10]
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[11]
(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.[12]
(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 Her Majesty etc. and honours
Information is qualified exempt
information if it is or relates to –
(a) a
communication with Her 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).[13]
(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.[14]
(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.[15]
(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.[16]
(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.[17]
(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.[18]
(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.[19]
(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.[20]
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[21] shall include the power to make rules regulating the practice and
procedure on any matter relating to the Royal Court under this Law.[22]
(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).[23]
(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.[24]
55 Public
Records (Jersey) Law 2002 amended
(1) The
Public Records (Jersey) Law 2002[25] is amended as specified in this Article.
(2) In
Article 1(1), the definition “open access period” is omitted.
(3) In
Article 9(c), for “in accordance with this Law” there is
substituted “in accordance with the Freedom of Information (Jersey)
Law 2011[26]”.
(4) In
Article 11(o), “subject to Article 27(5),” is omitted.
(5) In
Article 22(3), for everything after “a record that” there is
substituted “contains information that, for the purposes of the Freedom
of Information (Jersey) Law 2011, is information that is absolutely exempt
information or qualified exempt information.”.
(6) Parts
5 and 6 are repealed.
(7) Paragraphs
(1) to (3) of Article 39 are repealed.
(8) Article 40
is repealed.
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.