Information related to an arrest (FOI)

Request

Please clarify if [name redacted] was on the boat Austra Nova when [name redacted] was arrested. 

Records show [name redacted] as being on board the boat, but was never arrested in connection with [name redacted]’s crime.

Is it possible that a [name redacted] was on the boat and gave [name redacted]’s name, because they were around that time a member of the 'Falklands Islands Council and didn't want it to be known they knew [name redacted]?

[Name redacted] was implicated in the disappearance of a Marine [name redacted] at North Arm settlement, where [name redacted] was the manager in August 1980.

[Name redacted], [name redacted] and [name redacted] were all known to each other whilst they were all in the Falklands in the mid to late 1980s before [name redacted] came back to Jersey and [name redacted] returned to the UK.

Response

The States of Jersey Pollice has applied Article 10 (2) of the Freedom of Information (Jersey) Law 2011 as we can neither confirm nor deny whether this information is held.  

Disclosing of personal information is exempt under Article 25 (2) and has been applied in order to be able to publish your request.

Articles applied

Article 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..

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.