Data Protection (Registration and Charges) (Jersey) Regulations 201-

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made 6 February 2018:

Ministerial decision reference MD-C-2018-0023
Decision summary title Draft Data Protection (Registration and Charges) (Jersey) Regulations 201-
Decision summary author	Digital Policy Adviser	Is the decision summary public or exempt?		Public
Report title Draft Data Protection (Registration and Charges) (Jersey) Regulations 201-
Report author or name of person giving report	Digital Policy Adviser	Is the report public or exempt?		Public
Decision and reason for the decision The Assistant Chief Minister approved the lodging of the Draft Data Protection (Registration and Charges) (Jersey) Regulations 201- (the “draft Regulations”) ‘au Greffe’. Subject to Privy Council approval, the draft Data Protection Authority (Jersey) Law 201- (the “Authority Law”) will come into effect on 25 May 2018. Before the Authority Law comes into effect, Regulations need to be made to supplement the provision made in Articles 17 and 18 of that Law. These draft Regulations would make provision with respect to the registration of controllers and processors by the Dara Protection Authority (the “Authority”), and renewal of the registration of controllers registered under the Data Protection (Jersey) Law 2005. The draft Regulations would maintain key features of the Data Protection (Notification) (Jersey) Regulations 2005, though there are some differences. The draft Regulations would: require all data controllers and processors to register with the Authority; maintain exemptions from annual renewal charges processing for processing for staff administration and accounts and record keeping only, and by not-for-profit organisations; maintain annual renewal charges at £50; and govern other administrative matters, including the maintenance by the Authority of the register of data controllers and processors. The intention is to rescind and replace these draft Regulations by 25 May 2019 to introduce a ‘risk-based tiered levy’. The Authority is currently developing this model. It will assess, tier and charge data processors and controllers according to the volume and risk of their processing activities. The risk-based model is necessary to maintain adequacy with the General Data Protection Regulation, support the funding of the Authority and ensure that charges are levied fairly. The proposed model will need to come before the States Assembly for debate. In the meantime, by largely maintaining the status quo in respect of registration and renewal, these draft Regulations will provide regulatory certainty both to the Authority and to data controllers and processors.
Resource implications None.
Action required The Greffier of the States to be requested to arrange for the draft Regulations to be lodged ‘au Greffe’ for debate.
Signature: Senator P.F. Routier M.B.E.			Position: Assistant Chief Minister
Date signed:			Effective date of the decision (if different from Date Signed):