The Freedom of Information (Jersey) Law, 2011 provides details of how scheduled public authorities (SPAs) should handle requests for information about someone who has died.
There are no specific exemptions under the Law for information about deceased people. However, in cases where information about the deceased requires protection, certain exemptions will apply. This could be because:
It’s important to note that exemption for personal information only applies to living individuals. Medical and social care records of the deceased person may have information about their primary carer, hospital and social service staff or another identifiable living individual.
The exemption for confidential information may apply if the information was originally obtained from the deceased person i.e. public authorities holding information such as health or banking records. The SPA must consider whether a duty of confidence applies and, if so, whether there is a public interest defence to disclosure.
Exemption may not apply if the information has already been made public e.g. the recording of a person’s death on a death certificate or as a result of an inquest or court case.
You can read more detail about how to deal with information requests for the deceased in our guide.
