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What is the Freedom of Information Law?

The Freedom of Information (Jersey) Law, 2011, (the Law) provides public access to information held by Scheduled Public Authorities (SPAs).

It creates a legal basis which entitles members of the public to request information from SPAs. The Law covers any recorded information that is held by a SPA in Jersey.

SPAs are listed within Schedule 1 of the Law as:

  1. The States Assembly including the States Greffe
  2. A Minister
  3. A committee or other body established by resolution of the States or by or in accordance with standing orders of the States Assembly
  4. A department established on behalf of the States
  5. The Judicial Greffe
  6. The Viscount’s Department 6(a). Andium Homes Limited (registered as a limited company on 13th May 2014 under Registration number 115713).
  7. The States of Jersey Police Force
  8. A Parish (effective from 1st September, 2015)

Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings. It is defined in the law as meaning ‘information recorded in any form.’

The Law does not give people access to their own personal data (information about themselves) such as their health records or credit reference file. If a member of the public wants to see information that a SPA holds about them, they should make a subject access request under the Data Protection (Jersey) Law, 2018 (the Data Protection Law), and which is outside the scope of this guidance note.

What is the Freedom of Information Law for?

Freedom of Information is not a new concept in Jersey and the development of specific legislation to enshrine the public’s rights to information held by SPAs has been under consideration in Jersey for many years. In 1994 a Special Committee was tasked to investigate ‘the issues involved in establishing, by law, a general right of access to official information by members of the public’ and this led to adoption of the Jersey ‘Code of Practice on Public Access to Official Information,’ (“the original Code of Practice”) which came into force in January, 2000.

Whilst the original Code of Practice provided a framework for members of the public to make request to SPAs, over time it was thought desirable to provide the Jersey public with statutory, defined rights of access to official information such as are now enjoyed in more than 50 other jurisdictions.

It followed that the States Strategic Plan for 2009-2014 contained an aim to:

  • ‘Create a responsive government that provides good and efficient services and sound infrastructure and which embraces a progressive culture of openness, transparency and accountability to the public.’

This aim was further supported by statements within the plan that government would:

  • ‘Work to improve the public trust in government and establish a system of greater transparency, public participation, and collaboration to strengthen our democracy and promote efficiency and effectiveness in government.’
  • 'Unnecessary secrecy in government leads to arrogance in governance and defective decision-making'.

Your Right to Know. It is a fact that SPAs spend money collected from taxpayers, and make decisions that can significantly affect many people’s lives. Access to information held by SPAs by the public assists in making SPAs more accountable for their actions and allows public debate to be better informed and, accordingly, more productive. Access to official information can also improve public confidence and trust if government and public sector bodies are seen as being open. In a 2011 survey carried out on behalf of the UK Information Commissioner’s Office, 81% of public bodies questioned agreed that the Freedom of Information Act 2000 (“the UK Act”) had increased the public’s trust in their organisation.

List of Freedom of Information (FOI) guidance in related downloads.

  • A guide to the FOI Law.
  • Access to Information from a Public Body.
  • Article 44 FOI Code of Practice.
  • Cost of Complying.
  • Dealing with Repeated Requests.
  • How the JOIC deal with Appeals.
  • How to Access Information from a Scheduled Public Authority.
  • Information about the Deceased.
  • Information held by a Scheduled Public Authority.
  • Official Information held in Private email accounts.
  • Refusing a Request - Writing a Refusal Notice.
  • Retention and Destruction of Requested Information.
  • The Prejudice Test.
  • Time Limits for Compliance.
  • When to Refuse to Confirm or Deny.

What are the principles behind the Freedom of Information Law?

The main principle behind freedom of information legislation is that people have a right to know about the activities of SPAs, unless there is a good reason for them not to. This is sometimes described as a presumption or assumption in favour of disclosure. The Law is also sometimes described as purpose and applicant blind.

Related Downloads