Data protection convictions (FOI)

Request

How many people have been arrested, charged and/or convicted for offences under the Data Protection (Jersey) Law 2005?

Please provide a breakdown for each year from 2005.

Please also indicate how many convictions under the Data Protection (Jersey) Law 2005 were imposed by the Magistrate's Court and the Royal Court respectively and the sentence of the court.

Response

The States of Jersey Police have no records of any data protection offences prior to
2009. All cases since 2009 that have proceeded to court have been dealt with at the Magistrate’s Court.

Between 2009 and 2014, 10 cases have been dealt with. Three cases resulted in fines of £300, £300 and £1,000 respectively. In three cases there was insufficient evidence to go to court. In two cases the matter was dismissed at court. In one case the suspect was never identified and in the final case, the suspect left the Island permanently before any prosecution.

There were no cases identified in 2015 and there are currently two cases under investigation for 2016.

An annual breakdown has not been provided. Where fewer than five cases per year occur, it is usual practice to combine the information to protect the identities of those involved and to apply Article 25 of the Freedom of Information (Jersey) Law 2011.

Exemptions 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 2005; and
(b)     its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.