Jersey Office of the Information Commissioner's Freedom of Information Annual Report 2024

ANNUAL REPORT OF:

FREEDOM OF INFORMATION ACTIVITIES

V1.0

R.84/2025 WWW.JERSEYOIC.ORG

C O N T E N T S

THE JERSEY OFFICE OF THE

04 05

INFORMATION COMMISSIONER

06 07 INFORMATION COMMISSIONER S FOREWORD

08 09 GOVERNANCE, ACCOUNTABILITY & TRANSPARENCY

09 2024 FOI GRANT

10 11 2024 OPERATIONAL PERFORMANCE AND APPEALS 12 13 FINANCE OVERVIEW

THE JERSEY OFFICE OF THE

INFORMATION COMMISSIONER JOIC  We are Fair.

We treat people equally, without favouritism or discrimination. We are The Information Commissioner has separate responsibility for regulating the  impartial in our activities and free from bias or dishonesty. We are

competent, reliable and respectful. Our decisions are open, honest and Freedom of Information (Jersey) Law 2011 (the FoI Law). This includes encouraging  rationalised by a sound evidence base to promote integrity and trust.

public authorities to follow good practice in their implementation of the FoI

Law (including adherence to the relevant code of practice) and help to promote

transparency by supplying the public with information about the law and advice

and guidance on how to exercise their rights.

We are Collegial.

We share responsibility, including being honest and fair in our conduct Our vision is to create an island culture  towards others. We are willing to be judged on our performance. We work

Our  whereby the protection of personal data  us to work effectively together or individually. We communicate clearly,

together to achieve our strategic outcomes. A collaborative approach allows and privacy becomes instinctive, with  actively listen to others, take responsibility for mistakes and respect the

vision a proactive approach to embed such

individuals and organisations taking  diversity of our team. We demonstrate impartiality and accountability. protection throughout their daily activities

and business planning.

We are Respectful.

We respect those we work with and liaise with; this means that we

actively listen to others and behave considerately towards others. We Our

To provide those who interact  have self-respect and make responsible choices in what we say and do, to

reach personal and organisational outcomes. We treat others in the way with Jersey organisations and the  we want to be treated.

purpose Gstoavnedranrmd e onf t p oefr Js eo rnsaely  dwa it ta h  p thro et he ic gt hio en s. t

We are Energetic.

Our

values Ocbtdhrueueacsranii svntewiaeolosonusruse.dr,sWssiadeeorel neecnrcahteti u atpbygtaeeeaghdlneyad,ovium uiiosnrpiufnvooragsrrl mtutaahennehsdtmottdwootr obiwuvesege ,u mdtihdooeerye  We are enthusiastic and approach our activities with vigour and vitality.

continuous improvement in our service. Our  

values apply to us all, regardless of rank  

and flow through each area of our service,  

every day.

PAUL VANEBA HONS SOC POL CRIM OPEN  

INFORMATION COMMISSIONER

Information  Commissioner s  Foreword  

  Our commitment remains unwavering: to uphold

the right to information and to foster a more open, transparent, and responsive Government.

As the regulator responsible for  2024 continued to show a steady increase in FOI  landscape, presenting both opportunities and

requests received by Scheduled Public authorities  challenges in ensuring that access to information overseeing and enforcing Freedom  (SPAs), reflecting a growing public demand for openness  remains meaningful and effective. We have also used

of Information (FoI) laws, I am  and transparency. While many public bodies have  2024 to upskill our own team at the JOIC, ensuring our

made significant strides in responding efficiently and  caseworkers are fully equipped with the knowledge pleased to present this annual report,  proactively publishing information, challenges remain.  and expertise to handle the ever-growing complexity

We have observed instances of delays, excessive  of the appeals that reach our door. Looking ahead, reflecting on the past year s progress,  redactions, and concerns over misuse of exemptions.  we will continue to advocate for stronger

challenges and future priorities  We are liaising with the Government of Jersey s Central  implementation of FOI principles, ensuring that

Information Governance Office to understand more  public authorities remain accountable to the people in ensuring transparency and  about such delays and how, as the regulator, our office  they serve. Our commitment remains unwavering:

accountability in public institutions. could support. Our role has been to provide guidance,  to uphold the right to information and to foster a

enforce compliance and ensure that refusals to disclose  more open, transparent, and responsive Government. are justified and proportionate. Our Office is engaged in the discussions with the

The right to access information is fundamental to a

Chief Minister s Office as they review the Freedom healthy democracy, empowering citizens to engage

A key focus of 2024 has been on strengthening a culture  of Information (Jersey) Law 2011 and we hope to see with government decisions, hold public authorities

of openness across government and public authorities  positive reforms where necessary.

accountable and build trust in Government. Over the  through collaboration with the Government of Jersey s

past year, our office has continued to uphold this right by  Central Information Governance Office. We have  I extend my gratitude to my team and to the

monitoring compliance, resolving disputes and promoting  worked closely with officers to improve response times,  Government of Jersey s Central Information Governance best practices in information disclosure. reduce administrative burdens and enhance digital  Office for their dedication to creating a seamless

transparency initiatives. The evolution of technology  process, and transparency remains crucial in sustaining and data management continues to reshape the FOI  democratic values and strengthening public trust.

ANNE KING The aim of the FoI Law is to promote a culture of    There has been undue delay in making the appeal. OPERATIONS DIRECTOR openness and transparency across the public sector,    The appeal is frivolous or vexatious; or

improve accountability and promote good governance

   The appeal has been withdrawn, abandoned

by providing individuals with a better understanding

or previously determined by the Information

of how SPAs carry out their duties, make the decisions

Commissioner.

they do and spend public funds.

In each case, the Commissioner conducts a formal Governance,  (The FoI Law does not give individuals a right of  administrative fairness and the laws of natural justice.

appeal process adhering to the principles of Accountability &  access to their own personal data because this right is

available under the Data Protection (Jersey) Law 2018) Both sides are provided with an opportunity to make formal written submissions in support of their position.

Transparency Of uunTrc ortio oelnen sci:no urreagguel aStiPnAgs t htoe fFoollIo Lwa wgo iondc lpurdaecsti tchee i nfo tlhloewir ing  complete arguments and all relevant evidence in

The Commissioner presumes that when making its

submissions, each party is providing their full and implementation of this Law and the supply of  support.

information.

The Information Commissioner must serve a notice

   To supply the public with information about  of his or her decision in respect of the appeal on the the FoI Law. applicant and on the SPA. This is done by way of a

The FoI Law provides the public    To deal with FoI appeals. formal Decision Notice based on the submissions of with a legal right for individuals  An applicant who is dissatisfied with a decision of  the parties, the precise wording of the legislation and

any relevant case law. It will set out the Commissioner s to request access to, and be  aw SeePkAs ionf rtehsep noontdicineg o tfo t hthaet idr erceiqsuioens tb meianyg, wgiivthenin o sri x  decision and, without revealing the information

requested, the reasons for the decision.

provided with, information held  within six weeks of the date the applicant exhausts any

by Scheduled Public Authorities.  cthoem Ipnlfaoirnmtsa ptiroonc eCdoumrem pirsosvioidneedr obny tthhee bSaPsAis, tahpapt etahle t o  Trehaes odnesc.i sIfio an p iasr otyb jiesc dtiivssea atinsdfi eindc wluidthe st haed eDqeucaitseio n This covers information recorded  decision of the SPA was not reasonable.  Notice, the only avenue of appeal is to the Royal

Court. The Royal Court may review the Commissioner s in any form held by a SPA and  The Information Commissioner must decide the appeal  decision to determine whether it was reasonable.

as soon as is practicable but may decide not to do so if

includes printed documents,  satisfied that: The Commissioner s team also provides informal advice computer files, letters, emails,    The applicant has not exhausted any complaints  and assistance to both members of the public and

SPAs prior to any formal appeal. Further information is photographs, and sound or video  pAruotcheodruitrye. provided by the Scheduled Public  available at  www.jerseyoic.org

recordings. SPAs covered by the

FoI Law include Government of

Jersey departments, Parishes,

The Information Commissioner signed an Agreement with the Government States of Jersey Police, Andium  of Jersey on the 23 October 2023 to separately fund the Information

2024

Homes and The Office of the  FoI  Cacotimvimtieisss.i Tonheer aacntidv tihtiee sr eelnesvuarnet ttheaatm th me eInmfobremrsa ftoior nth Ceo dmelmiviesrsyio onfe Fr os Is rtaetluatteodry Commissioner for Children and  functions are as provided for in the FoI Law.

Grant

Young People. Tprhoev Aidgesre feomr aenn ta ins neuffael cgtrivane tf orof m£7 10 ,J0a0n0u.a ry 2023 to 31 December 2025 and

STEPHANIE MACNEILL

COMPLIANCE AND ENFORCEMENT MANAGER

2024 Operational Performance & Appeals

The FoI Law provides the public with a legal right for individuals to request access to,

and be provided with, information held by SPAs. The Scheduled Public Authorities are set out in Schedule 1 of the Freedom of Information (Jersey) Law 2011.

Of the appeals we received in 2024, 9 of the 12 are still  internal review process, the requestor did not want to ongoing and are likely to attract a considerable amount  resubmit an appeal.

of work in 2025. Two appeals were rejected and one  The second appeal was rejected for being out of

1. The States Assembly including the States Greffe. was not upheld and published. The appeals that are  time. Appeals need to be lodged with the Information
2. A Minister. ongoing involve complex exchanges between parties  Commissioner within six weeks of the request response
3. A committee or other body established by resolution of the and span across different areas of the scheduled public  or response to internal review, whichever is the later. States or by or in accordance with standing orders of the  authorities.

States Assembly. The appeal which was not upheld related to the request

4. A department established on behalf of the States. Of the rejected appeals, one was closed because, an  of information from the Infrastructure and Environment
5. The Judicial Greffe. internal review had not been submitted. Following the  Department about steps taken by the Government
6. The Viscount s department. 12 of Jersey to deal with land within and around Jersey
7. Andium Homes Limited. 11 Airport that had been contaminated with certain PFAS
8. The States of Jersey Police Force. 10 chemicals.
9. A Parish. Specifically, the complainant sought information of

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10. The Office of the Commissioner for Children and Young People.  relevant discussions, copies of Ministerial Decisions,

8 copies of reports and identification of reports which The following table shows the volume of valid Freedom of Information  7 had been submitted to the Law Officers Department for

requests for 2024.  advice. The full Decision Notice can be viewed on our In 2024 the SPAs received and responded to 1,292 valid requests, only  6 website.

12 of these generated an appeal to our office, which represents less than  5 At the time of writing the nine ongoing appeals relate to 1%. It should be noted this is a testament to the work of the SPAs.  4 a blend of documents regarding such matters as:

As the Government of Jersey s Central Information Governance Office  3   the MoneyVal assessment

continues to develop, we look forward to refined performance data.   the JFSC

2

   Infrastructure and Environment Department s data Dpruerviinogu s2 0y2e4ar ws. e S riencceeiv tehde 1la2w a pcapmeael si,n wtoh fiocrhc ies iann 2 u0n1p6r,e wceed heanvteed r encuemivbeedr ocno mavpearraegde toon e or  1 protection matters

two appeals per year. It is extremely difficult to narrate why we have received the volume  0 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024   correspondence from External Relations

of appeals in 2024. We will be reviewing whether a significant contribution to this volume  Year of Receipt of the Appeal   Health and Social Service employment matters

is due to concerns raised over excessive redactions and misuse of exemptions. We will  FOI APPEALS 2015 - 2024   Parish rates

foster a lesson s learned approach to help the SPAs where possible.

CLAIRE LE BRUN  

FINANCE DIRECTOR

Finance Overview

The Freedom of Information Partnership Agreement (the Partnership Agreement) between the Information Commissioner, the Jersey Data Protection Authority (included as the physical recipient of the

The annual grant of £70,000 was received during 2024  2024 saw a high level of FoI activity which is reflected and £57,650 was utilised in the year for funded activities  in the additional costs of the Compliance and

which includes the Information Commissioner s  Enforcement FoI Team and the External Legal Counsel statutory functions as provided by the Freedom of  for FoI paid in the year.

grant) and the Government of Jersey covers the period from 1 January 2023 through to 31 December 2025 (three years) and allows for the annual funding of FoI activities only.

Information (Jersey) Law 2011 (the FoI Law), together

It should be noted that 2024 was an unprecedented with the performance of those functions by the

year for FOI appeals being made to the Information appropriate JOIC team members (FoI Team).

Commissioner. We received 12 appeals. For comparison The two areas which see the most variability in terms  purposes we received one appeal in 2023.

of time allocation are the Compliance and Enforcement

The JOIC FoI team undertake broader roles and are

part of the FoI Team and External Legal Counsel.

multi-disciplinary, therefore they will also be subject to These are reactive to both the volume and complexity

other demands and statutory requirements, meaning of the FoI Appeals submitted to the Information

that time spent on FoI will also fluctuate.

Commissioner.

82% of the grant has been utilised in the year, this ACTUAL

DEPARTMENT COST 2024 underspend leaves the FoI grant with a cumulative

grant balance of £19,402.69 (£7k b/f from 2023).

Compliance and Enforcement  £19,511 This grant value remaining is in excess of 10% of the allocated grant so the intention is that the unspent

Community and Engagement £1,091 grant will be returned to Government in line with the partnership agreement.

Support (Finance) £4,011

Total cost to end Q4 £24,613

+44 (0) 1534 716 530

2nd Floor, 5 Castle Street,   St. Helier , Jersey, JE2 3BT  

www.jerseyoic.org

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