Budget Transfer to Chief Minister's Department: Data Protection Capabilities (GDPR): Implementation

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 22 December 2017:

Decision Reference: MD-TR-2017-0159
Decision Summary Title:	Allocation in 2018 from the Restructuring Provision to the Chief Minister’s Department for funding the initial implementation of Data Protection Capabilities within the States of Jersey		Date of Decision Summary:	18th December 2017
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Allocation in 2018 from the Restructuring Provision to the Chief Minister’s Department for funding the initial implementation of Data Protection Capabilities within the States of Jersey		Date of Written Report:	18th December 2017
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Request for a non-recurring allocation of up to £489,000 in 2018 from the Restructuring Provision to the Chief Minister’s Department (CMD) revenue head of expenditure to fund the initial implementation of Data Protection Capabilities (GDPR) within the SoJ Departments.
Decision(s): The Minister approved a non-recurring allocation of up to £489,000 in 2018 from the Restructuring Provision to the Chief Minister’s Department (CMD) revenue head of expenditure to fund the initial implementation of Data Protection Capabilities (GDPR) within the SoJ Departments.
Reason(s) for Decision: Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year. The current Contingency Allocation Policy (published as R.110/2017) sets the requirement for all allocations from Contingency over £100,000 to be considered by the Council of Ministers prior to submission to the Minister for approval. The Policy also includes the following: Public Sector Reform (“PSR”) The Council of Ministers has approved the delegation of its role described above to the Minister for Treasury and Resources to consider and, if appropriate, approve restructuring provision funding bids under £500,000 during the MTFP Addition period (2017 – 2019). The Council of Ministers will, however, continue to be updated on all approved restructuring provision bids regardless of their funding level. The Corporate Change and Governance Office Political Oversight Group approved this request at its meeting of 5th October 2017.
Resource Implications: The CMD revenue head of expenditure to increase by up to £489,000 in 2018. The Restructuring Provision within Contingency to decrease by an identical amount. This decision does not change the total amount of expenditure approved by the States for 2017-2019 in the Medium Term Financial Plan.
Action required: Head of Decision Support to advise the Management Accountant – Treasury and Resources once this decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Budget Transfer to Chief Minister's Department: Data Protection Capabilities (GDPR): Implementation

- 1 -

Treasury and Resources

Ministerial Decision Report

ALLOCATION in 2018 from the Restructuring Provision to the Chief Minister’s Department for funding the initial implementation of Data Protection Capabilities within the States of Jersey

Purpose of Report

To approve a non-recurring allocation of up to £489,000 in 2018 from the Restructuring Provision to the Chief Minister’s Department (CMD) revenue head of expenditure to fund the initial implementation of Data Protection Capabilities (GDPR) within the SoJ Departments.

Background

In February 2017 a business case for £1,845,000 was approved by the CoM to create Information Management (IM) Capabilities for the SoJ. This covers the resources (people, process and technology) needed to deploy and operate capabilities supporting the States of Jersey Information Security Roadmap (Pillar One in the Jersey Cyber Security Strategy) and ensuring legal and internal compliance with the new EU General Data Protection Regulation (GDPR) that enters into application 25th May 2018.

IM are currently implementing capabilities accordingly to the agreed roadmap:

Deployment of States wide trainings
Recruitment of Corporate data Protection Officer and Corporate Data Manager
Selection of cyber security tools.

The February 2017 approved business case did not cover departmental, or temporary, activities and projects required to insure compliance with the new Data Protection regulations (Jersey and EU GDPR) in May 2018.

This additional funding is for resourcing these activities and projects within the departments and offering adequate programme management support.

3. Recommendation

The Minister is recommended to approve a non-recurring allocation of up to £489,000 in 2018 from the Restructuring Provision to the Chief Minister’s Department (CMD) revenue head of expenditure to fund the resourcing the Initial Implementation of Data Protection Capabilities (GDPR) within the SoJ Departments.

4. Reason for Decision

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

The current Contingency Allocation Policy (published as R.110/2017) sets the requirement for all allocations from Contingency over £100,000 to be considered by the Council of Ministers prior to submission to the Minister for approval. The Policy also includes the following:

Public Sector Reform (“PSR”)

The Council of Ministers has approved the delegation of its role described above to the Minister for Treasury and Resources to consider and, if appropriate, approve restructuring provision funding bids under £500,000 during the MTFP Addition period (2017 – 2019). The Council of Ministers will, however, continue to be updated on all approved restructuring provision bids regardless of their funding level.

The Corporate Change and Governance Office Political Oversight Group approved this request at its meeting of 5th October 2017.

5. Resource Implications

The CMD revenue head of expenditure to increase by up to £489,000 in 2018. The Restructuring Provision within Contingency to decrease by an identical amount.

This decision does not change the total amount of expenditure approved by the States for 2017-2019 in the Medium Term Financial Plan.

Report author : Head of Decision Support	Document date 18th December 2017
Quality Assurance / Review : Director of Financial Planning and Performance	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2017-0159 - C5 Contingency funding to CMD for Data Protection Capabilities £489k
MD Sponsor: Head of Financial Planning and Performance