The Freedom of Information (Jersey) Law 2011 provides public access to information held by scheduled public authorities.
If an applicant is unhappy with the way a scheduled public authority (SPA) has dealt with their request, they can appeal to the Information Commissioner. We deal with appeals under Article 46 of the Freedom of Information (Jersey) Law, 2011.
First, we’ll gather information from the applicant, write to you to inform you of the appeal and tell you what we expect you to do. The aim is to resolve cases as quickly as possible – certainly within 6 months of receiving the appeal.
You’ll be assigned a case officer and asked to reconsider the request. Your submission should include:
• Details about what information the applicant requested from you;
• Why any exemption applies and; where applicable
• How the public interest in maintaining that exemption outweighs the public interest in disclosure.
N.B. It’s your responsibility to satisfy the Information Commissioner that the requested information shouldn’t be disclosed and that you’ve complied with the Law.
Under the appeal process, you’ll have the opportunity to change your view about the case. You might:
• Resolve the request informally
• Decide to disclose the requested information in full or part
• Change the exemption you initially relied on
You’ll have 10 working days to make your final submission to the Information Commissioner. The matter may get passed to the Chief Minister if you fail to reply.
When the Information Commissioner gives their final decision, you’ll be told what steps you need to take. You must comply within 35 days or the Royal Court may be asked to look at your case. Appeals against the Information Commissioner’s decision can be made as long as its within 28 calendar days.
