Correspondence has been reviewed, and information in scope of this request has been prepared for disclosure.
Duplicate emails have been removed where possible, and correspondence has been redacted in accordance with of Freedom of Information legislation.
Redactions have been applied to remove the personal Information of individuals, including Government of Jersey employees below Tier 2, in accordance with Article 25 of the Freedom of Information (Jersey) Law 2011.
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 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.
Article 33 - Commercial interests
Information is qualified exempt information if –
(a) it constitutes a trade secret; or
(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).
Public Interest Test
Article 33 is a qualified exemption and as such, CYPES has conducted a prejudice test as required by law.
When responding to requests of this nature, CYPES are required to balance the public interest with the impact that disclosing this information would, or would be likely to, have upon the commercial interest of the service provider and to CYPES. Whilst it may be in the public interest to understand the cost to CYPES, protecting the commercial interests of CYPES and to those with whom we have a contract is essential.
The use of a third party, to provide this service was through a contract. Disclosing information that has been provided under contract will mean that CYPES are in breach of their contract with that service provider and this would prejudice the commercial interests of CYPES.
When considering the application of this exemption, CYPES has determined that whilst it is in the public interest to disclose the requested costs, this is outweighed by the necessity to limit any impact on its commercial interests in ensuring contractual obligations are met, Article 33 has been applied.