Retention schedules (FOI)

​​​​​Request

In December 2023, Tom Walker produced a document entitled 'Cabinet Office retention schedules'. With regard to this document, please advise: -

A

Who, apart from Mr Walker and the counter signatory at Jersey Archive was involved in producing this document? Please provide names or titles of the people involved, not an anonymous 'board' or 'group'.

B

What document does this document replace and please provide a copy of it?

C

Why, when the UK dictates that such documents should be kept for a minimum of 6 years as it is the employees right to sue for up to 6 years, did Mr Walker thin​k it was appropriate not to follow the same route?

D

Did Mr Walker decide that it was appropriate to change the law rather than provide information to which the public were legally entitled?

E

Was the States Assembly consulted about this change of policy at all?

F

Was the States Employment Board consulted?

G

Was the CEO consulted about this at all?

H

Was the Chief Minister consulted?

Response

A

Under the Public Records (Jersey) Law 2002 the Archivist appointed by Jersey Heritage is required to work with public authorities to produce retention schedules. The schedules list the public records produced by authorities, the length of time these records need to be retained for and the eventual disposal of the information – either to the Jersey Archive for permanent preservation or to be confidentially destroyed. An email search has been conducted to identify all officials involved which confirmed that the document was produced by senior staff members in People and Corporate Services and the Government of Jersey Data Protection unit in conjunction with Jersey Archive. Please see attached. Names have been withheld in accordance with Article 25 of the Freedom of Information (Jersey) Law 2011. The referenced schedule applies to all records, whether paper or electronic that are produced by the People & Corporate Services Department.

Mr Walker, in his role as Accountable Officer for the Cabinet Office, signed the updated Retention schedule.

B

This document replaces the 2014 Retention Schedule, as attached.

Human Resources_Retention Schedule 2014.pdf​

C

The Freedom of Information (Jersey) Law 2011 gives a right to request information that is held in recorded form, unless exempt. This aspect of the request poses a question rather than seeking information held in recorded form. In any event, this information is not held.

Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

As advised in response to (1) above, the retention schedules were created and have been agreed by the Archivist appointed by Jersey Heritage and Government of Jersey Officers since the Public Records (Jersey) Law 2002 came into force.

D

No changes to the Public Records (Jersey) Law 2002 have been made. Retention Schedules are reviewed on a 5-yearly basis to ensure that any new data sets that were not previously in place are captured, and any that are no longer in existence can be removed. The People & Corporate Services Retention Schedule was reviewed, as required, throughout 2023 by Officers and was signed off by Mr Walker in December 2023.

An email search has been conducted on emails relating to the approval of the 2023 retention schedule, as attached. 

Correspondence_Redacted.pdf​

E

No. 

To note: The 2023 published retention schedule replaced the 2014 published schedule. However, the 2014 retention schedule did not make reference to the retention of recruitment files. The retention of recruitment files is detailed in a policy which was in effect from August 2019. The relevant extract of that policy is below:

Retention of documentation and records:

At the end of the recruitment and selection process the panel Chair must summarise the selection decision and retain documentation on all candidates in a secure place, in accordance with Data Protection principles, for a period of 12 months after the year in which the recruitment took place. It is the responsibility of the panel Chair to ensure that all other documentation is destroyed. HR are responsible for retaining all records pertaining to a recruitment campaign and ensuring that all Data Protection requirements are followed, particularly when engaging external parties and agents.

F

No. 

G

No.  

H

No. 

Article 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.​