Alwitry -v- States Employment Board and Minister for H&SS [2015] JRC 131 (17 June 2015)

Alwitry -v- States Employment Board and Minister for H&SS [2015] JRC 131 (17 June 2015)

The Court held that the threshold for making an order under Article 15 was met: there is undisclosed personal data in the respondents' possession, and it is not disproportionate to require its production to the Court. The Court cannot properly assess the validity of objections to disclosure without reviewing the documents. Therefore, the respondents are ordered to file the relevant transcripts and interview summaries with the Judicial Greffier for the Court's use pending further order.

Citation
[2015] JRC 131
Parties
Representor: [Name Redacted]; Respondent: General Hospital / First Respondent; Respondent: Solicitor-General
Jurisdiction
Jersey
Judgment Date
17 June 2015
Procedural Posture
Subject Access Request Under Data Protection (jersey) Law 2005 / Interlocutory Application Prior to Final Hearing
Outcome
Interlocutory order granted in part
Legal Topics
Subject Access Requests, Disclosure of Personal Data, Interlocutory Orders, Legal Professional Privilege
Data Protection Employment Law Subject Access Requests Disclosure of Personal Data Interlocutory Orders Legal Professional Privilege

Case Brief

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Parties

[Name Redacted]

Representor

General Hospital / First Respondent

Respondent

Solicitor-General

Respondent

Procedural Posture

Subject Access Request Under Data Protection (jersey) Law 2005 / Interlocutory Application Prior to Final Hearing

Legal Issues

  1. 1 Whether the Court should order the respondents to provide personal data documents to the Court under Article 15 of the Data Protection (Jersey) Law 2005 prior to the final hearing
  2. 2 Whether the threshold for such an order is met

Ratio Decidendi

The Court held that the threshold for making an order under Article 15 was met: there is undisclosed personal data in the respondents' possession, and it is not disproportionate to require its production to the Court. The Court cannot properly assess the validity of objections to disclosure without reviewing the documents. Therefore, the respondents are ordered to file the relevant transcripts and interview summaries with the Judicial Greffier for the Court's use pending further order.

Court Disposition

Interlocutory order granted in part

Orders

  • Respondents to file with the Judicial Greffier the transcripts of interviews conducted by the Solicitor-General as referred to in his affidavit of 19 February 2015.
  • Respondents to file the interview summaries prepared by Mr Beal for use only by the Royal Court pending further order.