Publication of the Theatre Services Review (FOI)

​Request

A recent Freedom of Information (FOI) request published at the following link asked for a copy of the theatre services review in HCS but the request was denied on the basis it was informing policy.

Theatre Services Review (FOI)

However, as a complete piece of commissioned work, funded by the public purse, the review report should be subject to the FOI provisions. It does not represent the government’s view nor their policy development but in fact an independent review of services.

In fact, the Comptroller and Auditor General’s recent report on HCS governance recommended publishing the outcomes and recommendations from internally commissioned external clinical services undertaken.

On the basis that this a completed review report, not policy in development (ie I am not requesting information on the department’s response to the review, which could reasonably be considered policy under development), please could you provide a copy of the review report?

Response

Please see the PDF document below for a copy of the review:

States of Jersey Theatre Services Review (Redacted)

Some of the information within the review is deemed ‘identifiable’ and as such, redactions in accordance with Article 25 of the Freedom of Information (Jersey) Law 2011, have been applied in order to protect privacy.

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 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.