Press statement from the States Employment Board (FOI)

​Request

At 12:21pm on Tuesday 7 December, a press statement was issued containing a public apology from the States Employment Board regarding an instance of 'unintentional discrimination' during a recruitment process. The statement appeared to be part of a wider report as it had been marked 'page 11'.

A

Please provide the full report.

B

Please also provide any further details that are available as to the nature of the complaint, the department the complaint concerns, and the job that was being recruited.

C

Please also provide details of any settlements agreed with the complainant.

Response

A

The press release was not part of a report, therefore there is no report to provide and this information is not held. Article 3 of the Freedom of Information (Jersey) Law 2011 has been applied. 

B

To provide further details related to the nature of the complaint, the department and the job title would likely identify the individual or be considered personal information and its release would breach the privacy of the individual(s) concerned. Article 25 of the Freedom of Information (Jersey) Law 2011 has therefore been applied.

C

The requested information is not available for release as it would be considered personal identifiable information and its release would breach the privacy of the individual(s) concerned. Therefore, Article 25 of the Freedom of Information (Jersey) 2011 Law has been applied.

Article applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.