Delivery of The Rock publication (FOI)

Request

Jersey Post decided to suspend the delivery of a publication known as The Rock on or about 18 August 2021. Can the Government please disclose the following:

A

Whether there was direct or indirect contact between the Government and Jersey Post on the subject of The Rock before its distribution was suspended;

B

If so, which individual in the Government was in contact with whom in Jersey Post and what was the subject of these communications, including disclosure of the following, but not limited to the same, emails, files notes, text messages, letters and so on;

C

Was legal advice sought by the Government and / or Jersey Post before the suspension of delivery of The Rock, and specifically, was advice sought on human rights breaches;

D

Whether there has been ongoing communications between the Government and Jersey Post on the issue of the suspension of the Rock and If so, which individual in the Government was in contact with whom in Jersey Post and what was the subject of these communications, including disclosure of the following, but not limited to the same, emails, files notes, text messages, letters and so on;

E

In respect of question D above, was legal advice sought by the Government and / or Jersey Post after the suspension of delivery of The Rock, and specifically, was advice sought on human rights breaches. Given that public authorities must ensure that it does not act in a way which is incompatible with a Convention right, including the freedom of expression, freedom of thought, conscience and religion, it is vital that answers to the above questions are provided in full.

Response

A

Yes. Please see email one of the attachment below. Redactions have been applied under Article 25 of the Freedom of Information (Jersey) Law 2011.

Correspondence (Redacted)

B 

Please see theresponse from the Minister for Treasury and Resources in the attachment above.

C

Article 10(2) of the Freedom of Information (Jersey) Law 2011 has been applied.

D

Please see email two of the attachment above. Redactions have been applied under Article 25 of the Freedom of Information (Jersey) Law 2011.

E

Article 10(2) of the Freedom of Information (Jersey) Law 2011 has been applied.

Articles applied

10 Obligation of scheduled public authority to confirm or deny holding information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it,

the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.

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