Our Hospital Citizen’s panel (FOI)

Request

Regarding the anonymous Citizens Panel, please confirm the following.

A

The full name of the UK Facilitator

B

His / her qualifications

C

The terms of reference that applied to this Panel

D

When will the Panel cease to exist

Response

A 

The UK facilitator’s identity has not been shared with either the Senior Officers Steering Group or the Political Oversight Group in order to maintain their necessary independence. Publication of their name would likely breach the privacy of the individual and therefore, Article 25 (Personal information) of the Freedom of Information (Jersey) Law 2011 has been applied. In addition, publication of the UK facilitator’s name would also compromise their anonymity from Senior Officers and Politicians and also compromise any reappointment to work with the Citizens’ Panel again in the future, should it be necessary.

B

The independent UK facilitator holds the appropriate qualifications and has the relevant experience to undertake the role for which they were appointed. To share their specific qualifications and experience, would likely breach the privacy of the individual and therefore, Article 25 (Personal information) of the Freedom of Information (Jersey) Law 2011 has been applied.

C

The Citizens’ Panel agreed their Terms of Reference in their inaugural meeting and these are attached below:

Our Hospital Citizens' Panel Approved TOR

D

The answer to this question is accessible in a recent Freedom of Information response which is available in the following link and is therefore exempt under Article 23 (Information accessible by other means) of the Freedom of Information (Jersey) Law 2011.

Our Hospital Citizen's Panel meetings (FOI)

Articles 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 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.

Article 23 Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.