Electronic copy of Telecommunications (Jersey) Law 2002 (FOI)

​​​Request

Please provide electronic copies of documents held by the Department for the Economy that contain the following information: 

A

Guidance: Any guidance issued by government to manage risks to public electronic communications networks or of publicly available electronic communications services. Specifically, the request seeks to have information on the rules regarding: 

B

Prevention measures and also requirements to take remedies when a significant threat has been identified or an incident occurred. 

C

Notification requirements and the duty to inform the competent authorities of threats and incidents. 

D

The criteria for evaluating this impact of an incident, such as the number of affected users, the duration of the incident, its geographical spread, and other practical, economic, or societal impacts. 

E

The consequences for non-compliance with the Telecommunications (Jersey) Law 2002 by public electronic communications networks or of publicly available electronic communications services. 

F

The actions that should be taken by a regulator, network operator, or law enforcement in the case of a security incident. 

Non-compliance investigations: investigation on cases on non-compliance by competent authority and the effects thereof on the security of the networks and services.

Response

A

No Guidance has been issued by the Government of Jersey on this subject therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

B

Rules regarding prevention measures and notification requirements will be covered by the Telecommunications (Jersey) Law 2002 and licence conditions issued to Jersey providers both of which are published, a link has been provided below for reference. This information is publicly available therefore Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied.

Whilst there is not a guidance document as such, there is an agreement reached by the Department for the Economy and providers that covers such matters.

Telecommunications (Jersey) Law 2002 (jerseylaw.je)​

C and  D

The information requested will be covered by the Telecommunications (Jersey) Law 2002 (link above) and the Cyber Defence (Jersey) Law 2024 when published. Therefore Article 23 of the Freedom of Information Jersey (Law) 2011 has been applied.

E

The consequences of non-compliance with the Telecommunications Jersey Law 2002 is covered in that legislation therefore Article 23 of the Freedom of Information (Jersey  )Law 2011 has been applied.

F

Further information relating to the information requested will be covered by the Cyber Defence (Jersey) Law 2024. It is anticipated that this legislation will be published within 12 weeks of the initial date of this request. Therefore Article 36 of the Freedom of Information (Jersey) Law 2011has been applied.

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 36 - Information intended for future publication

(1) Information is qualified exempt information if, at the time when the request for the

information is made, the information is being held by a public authority with a view to its

being published within 12 weeks of the date of the request.

(2) A scheduled public authority that refuses an application for information on this ground

must make reasonable efforts to inform the applicant –

(a) of the date when the information will be published;

(b) of the manner in which it will be published; and

(c) by whom it will be published.

(3) In this Article, “published” means published –

(a) by a public authority; or

(b) by any other person.

Public Interest Test 

Article 36 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  

Public interest considerations favouring disclosure  

• disclosure of the information would support transparency and promote accountability to the general public.

Public interest considerations favouring withholding the information

• It is intended to publish the relevant legislation on www.gov.je within 12 weeks of the receipt of this request.. In it is reasonable for government to publish reports in an orderly manner, following completion of appropriate internal processes, and publishing in advance, and in such close proximity to the expected publication date, would potentially undermine the orderly publication and conduct of government work (when the public benefit of earlier publication under the Law would derive limited benefit). ​