Vaccination status of the positive Covid-19 cases 11 (FOI)

​Request

Two patients are in hospital.

Please can you tell me whether either has been double vaccinated?

If this information is refused because of patient confidentiality, please can you explain how this bare information could identify two individuals from a population of 120,000?

Response

Due to the small numbers involved, disclosure control has been applied. Information is exempt under Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

Note

Article 25 is an absolute exemption, and therefore does not require a public interest test. However, whilst there appears to be limited public interest in the release of this data, it is considered that those individuals concerned would carry a reasonable expectation that this information would not be disclosed.

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 2018.

(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.