Freedom of Information and Data Protection

Introduction

Requesting Information from the Northern Ireland Judicial Appointments Commission (NIJAC)

NIJAC is committed to publishing a wide range of information about its activities.

If there is something you would like to know take a look at NIJAC's Publication Scheme 2024 which sets out classes of information and where you can find it. Annex 1 (pg 13 – 19) provides further details.

If the information you are looking for is not available through NIJAC’s Publication Scheme then you can make a request under two Acts:

  1. The Freedom of Information Act 2000 (FoIA) 
  2.  The Data Protection Act (2018) (DPA)

Both the Freedom of Information Act 2000 and the Data Protection Act 2018 provide a general entitlement to request information. 

Please put your request in writing including as much detail as possible. 

You can send any requests by email to finance@nijac.gov.uk or to the following address:

Corporate Services Manager

Northern Ireland Judicial Appointments Commission

Headline Building

10-14 Victoria Street,

Belfast

BT1 3GG

Further details about the Freedom of Information Act, the Data Protection Act and NIJAC’s Publication Scheme can be found below.

Freedom of Information

What is the Freedom of Information Act?

The Freedom of Information Act 2000 was implemented on the 1 January 2005. Its purpose is to ensure a better understanding of how public authorities carry out their duties, why they make the decisions they do and how they spend public money.

Under the Act, anyone can request information. NIJAC is a public authority for the purposes of the Freedom of Information Act.

Responsibility for overseeing the operation of the Freedom of Information Act rests with the Information Commissioner who is independent of the government and reports directly to Parliament. For more details you can visit the Information Commissioner's website.

The Ministry of Justice also offers further guidance on Making a Freedom of Information Request with full details on their website.

How do I make a request?

The Act requires all requests to be in writing, to state clearly what information is required and must include the name and correspondence address of the applicant.

You can send your request by email to finance@nijac.gov.uk or to the following address:

Corporate Services Manager

Northern Ireland Judicial Appointments Commission

Headline Building

10-14 Victoria Street,

Belfast

BT1 3GG

Will all information requested be provided?

The Freedom of Information Act (2000) details some categories of information that may be exempt from disclosure.

There may be occasions where it is necessary for the Commission to provide anonymised data as part of any response. If so, NIJAC will take steps to ensure this information is provided in accordance with the Information Commissioner’s Guidance.

The Data Protection Act

 What is the Data Protection Act?

The Data Protection Act provides:-

  1. individuals with rights, including the right to know what information is held about them.
  2. It also gives individuals the right to access that information.

NIJAC is a data controller for the purposes of the Data Protection Act.

Exemptions from Disclosure

The Data Protection Act also contains exemptions from disclosure. One of the exemptions refers specifically to judicial appointments.

For example, section 14 (a) to Part 2 of Schedule 2 of the Data Protection Act, 2018 provides an exemption from the General Data Protection Regulations, known as General Data Protection Regulations (GDPR) provisions, where data is processed for the purposes of “…assessing a person’s suitability for judicial office.” 

See below:

“Personal data processed for the purposes of (a) assessing any person’s suitability for judicial office…are exempt from the subject information provisions.”

What information cannot be provided?

Information processed for the purposes of assessing a person’s suitability for judicial office, cannot be provided as referenced in the list below:-

Applicant assessment scripts;

Applicants’ scores at the assessment and selection process;

Applicants’ position on any merit list;

Any notes made by Selection Committee Members at any stage of the assessment and selection process;

Recordings (including audio, video or transcripts) of any stage of the assessment and selection process;

Minutes of Selection Committee and other Committee meetings where the assessment and selection of applicants has been mentioned;

Referee Comment Forms and related documentation;

Any documentation used as part of the appointments, renewals and/or swearing in process.

Note

The list above is not exhaustive and the applicability of the relevant legislation, to any record not mentioned above, will be determined by NIJAC upon receipt of a request.

NIJAC’s Publication Scheme

What is the Northern Ireland Judicial Appointments Commission’s Publication Scheme?

NIJAC is committed to publishing a wide range of information about its activities and on subjects in which there is known to be a public interest.

However, under the terms of the Constitutional Reform Act 2005, we have an obligation to ensure we protect the confidentiality of those who apply for judicial roles.

We also need to balance our wish to operate openly and transparently with our duty to protect the personal and confidential information we hold. As a result, the information we can place in the public domain about our work is subject to that statutory duty of confidentiality.

NIJAC’s Publication Scheme is based on the Information Commissioner’s model scheme for non-departmental public bodies.