Alwitry -v- The States Employment Board and Minister for H&SS [2016] JRC 050 (25 February 2016)
- Citation
- [2016] JRC 050
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Data Protection Application / Judgment on Subject Access Request
More details
- Posture
- Data Protection Application / Judgment on Subject Access Request
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Respondents failed to conduct a proper review of category 3 documents as required by the Data Protection Law. The Representor is entitled to disclosure of category 2 documents, including names and opinions of interviewees, subject to limited redaction where third party personal data is not relevant. The balancing exercise under Article 7(7) favours disclosure to the Representor given the context of the job offer withdrawal and the direct relevance of the data to him.
Court disposition
Application granted in part
Orders
- Respondents must conduct a proper review of category 3 documents and disclose relevant personal data to the Representor, applying principles of proportionality and redaction as appropriate.
- Category 2 documents, including names and opinions of interviewees, must be disclosed to the Representor, subject to limited redaction of irrelevant third party personal data.
02
Material facts
Parties
Dr Alwitry
Representor Counsel: SinelsStates Employment Board
First Respondent Counsel: Law Officers' DepartmentMinister for Health and Social Services
Second Respondent Counsel: Law Officers' Department03
Procedural history
Posture
Data Protection Application / Judgment on Subject Access Request
04
Questions and positions
Legal issues
- 01
Whether the Respondents complied with the Data Protection (Jersey) Law 2005 in responding to subject access requests
- 02
Whether the Representor is entitled to disclosure of category 2 and category 3 documents
- 03
How to balance the rights of the Representor and third parties under Article 7(7) of the Data Protection Law
Party arguments
- Applicant
- The Representor asserts entitlement to know why his contract was terminated and raises patient safety concerns. He seeks disclosure of all personal data processed by the Respondents, including category 2 and category 3 documents, arguing that his rights under the Data Protection Law entitle him to this information.
- Respondent
- The Respondents argue that the subject access request is disproportionate, is being used for collateral purposes (litigation or complaints to the General Medical Council), and that disclosure of certain documents would infringe the rights of third parties whose personal data is contained therein. They assert compliance with the Data Protection Law and contend that further disclosure is not required.
05
Court’s reasoning
Legal principles
- 01
Data Protection (Jersey) Law 2005, Schedule 1
Personal data must be processed fairly and lawfully; subject access rights are fundamental but qualified by proportionality and protection of third party data.
- 02
Elliott v Lloyds TSB Bank PLC; Durant v Financial Services Authority
Motivation for subject access request is not determinative; burden of proof for improper purpose lies on the data controller.
- 03
Durant v Financial Services Authority; Data Protection (Jersey) Law 2005
Balancing exercise required under Article 7(7) between rights of data subject and third parties; redaction may be appropriate.
- 04
Johnson v Medical Defence Union; Data Protection (Jersey) Law 2005
Data controller must review all data held and conduct a proportionate search; ancillary information such as sources and recipients may be disclosed if relevant.
06
Ratio, limits and disposition
Ratio decidendi
The Respondents failed to conduct a proper review of category 3 documents as required by the Data Protection Law. The Representor is entitled to disclosure of category 2 documents, including names and opinions of interviewees, subject to limited redaction where third party personal data is not relevant. The balancing exercise under Article 7(7) favours disclosure to the Representor given the context of the job offer withdrawal and the direct relevance of the data to him.
Obiter and limits
- If the result of this approach is that data controllers become more cautious about the nature of the information they hold and process, such an outcome is consistent with the objectives of the Data Protection legislation.
- The assessment of reasonableness will be very much influenced by the fact-specific circumstances of each case; similar conclusions may not be reached if no job offer had been made.
Court disposition
Application granted in part
- Respondents must conduct a proper review of category 3 documents and disclose relevant personal data to the Representor, applying principles of proportionality and redaction as appropriate.
- Category 2 documents, including names and opinions of interviewees, must be disclosed to the Representor, subject to limited redaction of irrelevant third party personal data.
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