A GOVERNMENT scheme designed to give Islanders better access to credit cards is being challenged in the Royal Court, amid concerns over the sharing of personal information.
In July, the government announced a scheme under which it would give Islanders’ name, address and date of birth to two UK credit reference agencies, Experian and Equifax
Harry Kenny – who brought the case against the Chief Minister and the Social Security Minister – argued against the default opt-out system stating that he, as an individual, had his data transferred along with the “whole adult population” of Jersey.
He is applying for leave for a judicial review – meaning the court has to decide whether he has a strong enough case to warrant a full hearing.
Mr Kenny said the announcement was made too late, and that Islanders’ personal information should not have been shared without more advance warning. He argued that the government should have appointed a registered commissioner specifically for people’s names and addresses, but he could not find out whether this had happened.
And, he added that rather than consulting the Office of the Information Commissioner, the government had simply received “comments” from it, while arguing the scheme is used regardless of whether the person intends to apply for a credit card or not.
Advocate Christopher Austin, representing the ministers, pointed out that Mr Kenny had not opted out himself and that it would be “perverse to allow an applicant to proceed with an application that he could have avoided”.
He accused Mr Kenny of going on a “fishing expedition” by requesting more documents which might show that the ministers had not followed the law.
The lack of a commissioner, he said, had been raised “at the eleventh hour” and even then, he said Mr Kenny relied on speculation about what a commissioner might have decided.
The scheme was made public on 1 July this year, when a government press release said Islanders’ data would be shared with the agencies on 30 July. Mr Kenny said this press release, along with media coverage, was how he found out about the scheme.
Islanders were able to opt out of the scheme ahead of 30 July.
Commissioner Alan Binnington, presiding, reserved his judgment.
