Smoking Policy - Government of Jersey (FOI)

Request

A

Has the States of Jersey imposed smoke free zones within all of its properties and does this include the entire area around the property up to its boundary.

B

Has any employee been disciplined for smoking on any of its properties?

C

Should all States of Jersey employees lead by example?

D

Does the States of Jersey have smoking zones for its staff?

E

Do States of Jersey employees have to enrol in the stop to quit campaign?

Response

A

Please see the following links for regulations and guidance:

Smokefree: smoking and tobacco laws, regulations and guidance (gov.je)

Restriction on Smoking (Workplaces) (Jersey) Regulations 2006 (jerseylaw.je)

The Government of Jersey has prohibited smoking in:

• all workplace buildings, at all times
• all workplace premises, at all times
• any vehicle owned or leased by the States of Jersey.

Exempt premises:

Exceptions for smoking on States of Jersey premises are those exempt in the regulations.   

Designated areas will be available for the use of:   

• patients 
• service users 
• prisoners 
  
• interviewees at the police station. 

Designated areas must not be used by any employee of the States of Jersey. 

No further information is held. 

B

Due to low numbers, it has been determined that to provide the requested information would likely breach the privacy of individuals and therefore Article 25 of the Freedom of Information (Jersey) 2011 Law has been applied.

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. 

D

No – please see the response to question A above.

E

No.

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 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.