Summary/Decision
1. On 8 May 2024, the Complainant requested certain information from the Infrastructure and Environment Department (the SPA) about data protection impact assessments (DPIAs) and data sharing/ processing agreements held by the SPA. Specifically, the Complainant requested “screen shots of the folder list of DPIA's from the old P drive filing system” and “copy of the spread sheet containing a list of data sharing/processing agreements that is held in the old P drive filing” (the Request).
2. The SPA wrote to the Complainant on 6 June 2024 (the Response) stating that all the information sought in the Request was deemed commercially sensitive and was being withheld (the Withheld Information), under at Art.33(b) (Commercial Interests) of the Freedom of Information (Jersey) Law 2011 (the FOI Law). The Complainant did not agree with the Response and requested an internal review on 11 June 2024 (the IR Request).
3. The SPA responded to the IR Request on 9 July 2024 (the IR Response) and upheld the previous decision that had been made.
4. The Complainant did not agree with the outcome of the Internal Review and issued an appeal to the Information Commissioner (the Commissioner) on 23 July 2024 (the Appeal).
5. During the course of the Appeal process, the SPA indicated that it also sought to rely on Art.21(3) of the FOI Law. The SPA advised the Commissioner that it considered that the request was vexatious. The Complainant was advised of the SPA’s latter reliance on Art.21(3) on 24 January 2025 and on 27 January 2025, the Complainant advised the Commissioner they did not agree that the Request was vexatious.
6. The Commissioner’s decision is that the appeal is rejected.
