Code of Practice on Public Access to Official Information: Annual Report for 2012

STATES OF JERSEY

CODE OF PRACTICE ON PUBLIC ACCESS TO OFFICIAL INFORMATION: ANNUAL REPORT FOR 2012

Presented to the States on 29th May 2013 by the Privileges and Procedures Committee

STATES GREFFE

2013   Price code: B  R.51

REPORT

It is part of the remit of the Privileges and Procedures Committee to keep under review the procedures and enactments relating to public access to official information. Each year, the Committee receives an annual report on the number of requests received by departments which have mentioned the Code of Practice on Public Access to Official Information.

As the annual report only provides information in respect of those requests which refer to the Code, it is unlikely that the report is a true reflection of the number of requests for information that are dealt with by departments on a daily basis. The Committee is aware that all departments are asked for information on a daily basis and provide this freely without necessarily considering that the information request is being made under the Code.

The Committee understands that the Chief Minister's Department is working towards bringing the Freedom of Information (Jersey) Law 2011 (L.17/2011) into force by January 2015.

Chairman, Privileges and Procedures Committee

CODE OF PRACTICE ON PUBLIC ACCESS TO OFFICIAL INFORMATION: ANNUAL REPORT FOR 2012

Introduction

The Code of Practice on Public Access to Official Information was approved by the States on 20th July 1999 and came into force on 20th January 2000. A revised Code of Practice was adopted by the States on 8th June 2004.

The  Code  constitutes  a  States'  policy  and  affects  the  States,  Ministers  and  their Departments, Committees, Panels and any sub-committees and sub-panels.

The Code confers –

• a general right of access to information held by authorities which is (a) not exempt, and (b) created after 20th January 2000;
• a  right  of  access  to  personal  information,  that  is  information  about  an identifiable  individual,  subject  to  exemptions,  and  while  safeguarding  an individual's right to privacy. The authority has an obligation to correct any personal information held about an individual that is shown to be incomplete, inaccurate  or  misleading,  except  that  expressions  of  opinion  given conscientiously  and  without  malice  will  be  unaffected.  For  personal information, access is retrospective; and
• a right of access to agendas, support papers and Minutes, where these do not contain confidential information.

Further to the foregoing, the Code also includes provisions which have resulted in the creation of a central Information Asset Register'. The purpose of the Information Asset Register is to provide the public with a single, readily accessible point of access to the following –

1. strategic and/or policy reports;
2. reports deemed to be of public interest;
3. third-party reports or consultancy documents, which have been prepared for the  authority  or  which  are  under  preparation,  where  the  cost  of  the report/document exceeds an amount fixed from time to time by the Privileges and Procedures Committee; and
4. all unpublished third-party reports or consultancy documents which are over 5 years old.

The names of reports are added to the Information Asset Register which is maintained on the States' website at: http://www.gov.je/Government/Pages/StatesReports.aspx.

In the case of third-party reports or consultancy documents, details of their status and cost of preparation are also included within the Register, which is managed by the Chief Minister's Department.

The Code established a minimum standard of openness and accountability by the States of Jersey, which may, by its very nature, be exceeded.

Monitoring statistics

The number of enquiries received during the year ending 31st December 2012 was as follows –

Chief Minister's Department

Department of the Environment

Economic Development Department

Education Department

H.M.P. La Moye

Home Affairs Department

The Home Affairs Department has advised that a number of additional information requests were received during 2012 which did not mention the Code.

Housing Department

Office of the Data Protection Commissioner

States Greffe

States of Jersey Police

The  Police  have  advised  that  a  number  of  additional  information  requests  were received during 2012 which did not mention the Code.

Transport and Technical Services Department

Treasury and Resources Department

The table below shows the number of applications received and refused under the Code from 2004 to 2012 –