Summary/Decision
1. On 22 July 2024, the Complainant requested certain information from Department for the Economy (the SPA) about the legal basis for the establishment of the Economic, Crime and Confiscation Unit (the ECCU). Specifically, the Complainant requested “ copies of any documents setting out the legal basis for the establishment of the ECCU and for vesting in the ECCU legal jurisdiction for carrying out criminal investigations which is otherwise the responsibility of States of Jersey Police (SOJP)” (the Request).
2. The SPA wrote to the complainant on 9 August 2024 (the Response) stating that whilst it held information relevant to the request, all of the information identified was being withheld (the Withheld Information), citing the exemptions at Art.27 and Art.31 of the Freedom of Information (Jersey) Law 2011 (the FOI Law). The Complainant did not agree with the Response and requested an internal review 15 August 2024 (the IR Request).
3. The SPA responded to the IR Request on 4 October 2024 (the Internal Review Response) and upheld the previous decision that had been made.
4. The Complainant did not agree with the outcome of the Internal Review and issued an appeal to the Information Commissioner (the Commissioner) on 23 October 2024 (the Appeal).
5. The Commissioner’s decision is that the appeal is partially upheld. Whilst the single identified document was properly withheld by the SPA, the Commissioner’s decision is the SPA has failed to carry out adequate searches for the requested information and therefore, on the balance of probabilities, has not identified all information held within the scope of the Request.
6. The Commissioner requires the SPA to take the following steps to ensure compliance with the FOI Law:
a. The SPA must issue a fresh response to the Request following searches aimed at identifying all the information held within the scope of the Request.
7. The SPA must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the Royal Court of Jersey pursuant to Art.48(3) of the FOI Law and may be dealt with as a contempt of court.
