Taxi QR code survey (DPIA)

​​Request 779016647

Please provide a copy of the Data Protection Impact Assessment (DPIA), or equivalent data protection risk assessment, that was carried out in relation to the taxi QR code survey (or feedback scheme) in which passengers are invited to scan a QR code displayed in licensed taxis in order to submit survey responses or feedback.

If more than one DPIA exists, please provide all versions, including any drafts or updates, and any accompanying documents that form part of the DPIA process (such as risk registers, mitigation plans, or approvals).

If no DPIA was completed, please confirm this explicitly and explain the reasons why a DPIA was not considered necessary.

For the avoidance of doubt, this request includes (but is not limited to): 

The DPIA document itself 

Any appendices or annexes 

Any record of sign-off or approval of the DPIA

Response

The initial Data Protection Impact Assessment Screener (DP Screener), regarding the Taxi QR Code is attached. 

Personal information within the document has been redacted in accordance with Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

Freedom of Information response 779016647 attachment.pdf​

Further redactions were applied to the DP Screener under Article 35 (Formulation and development of policies) of the Freedom of Information (Jersey) Law 2011 as the document is currently under review.

Article 35 is a qualified exemption; therefore, a public interest test has been applied and is shown at the end of this response.

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.

Article 35 - Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Public Interest Test

The following considerations were taken into account:

Public interest considerations favouring disclosure

• Disclosure of the information would support transparency and promote accountability to the general public, providing confirmation that the necessary discussions have taken place.

• Disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how the Scheduled Public Authority (SPA) engages with parties for this purpose.

Public interest considerations favouring withholding the information

• In order to best develop policy and provide advice to Ministers, officials need a safe space in which free and frank discussion can take place – discussion of how documentation is presented and provided is considered as integral to policy development as iterations of documents are demonstrative of the policy development process.

• The need for this safe space is considered at its greatest during the live stages of a policy.

• Release of the information at this stage might generate misinformed debate in. This would affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately.

• Premature disclosure of this information may limit the willingness of parties to provide their honest views and feedback. This would hamper and harm the policy–making process not only in relation to this subject area but in respect of future policy development across wider departmental business.

Considering all considerations above, while transparency is important, the public interest in disclosure must be weighed against potential harm caused by distress or misinformation.

It should also be noted that once a policy is formulated and published, the public interest in withholding information relating to its formulation is diminished, however, the use of the exemption can be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication.

The SPA has concluded that, on balance, the risk of causing concerns or spreading misinformation, the public interest in maintaining the exemption outweighs the benefits disclosing the information.​​