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Data Protection Authority: Non-Executive Directors: Appoinments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 October 2018:

Ministerial decision reference MD-C-2018-0158 

Decision summary title  Appointment of Non-Executive Directors to the Data Protection Authority

Decision summary author

Digital Policy Adviser

Is the decision summary public or exempt?  

Public

Report title  Appointment of Non-Executive Directors to the Data Protection Authority

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 Chief Minister appointed Ms. Clarisse Girot, Mr. David Smith, Ms. Gailina Liew and Mr. John Harris to the Board of the Data Protection Authority (Office of the Information Commissioner) under powers conferred by Article 3(2) of the Data Protection Authority (Jersey) Law 2018 (the “Law”).

The period of appointment is from 29 October 2018 for a period of three years, to expire on 28 October 2021. The Chief Minister directed that the States Assembly be notified of the appointment in accordance with Article 3(4) of the Law.

Under the Law, the Minister must appoint members of the Board of the Data Protection Authority after having first discussed such appointments with the Chair of the Authority.

Resource implications

Fees payable to Non-Executive Directors are sourced from the annual grant made to the Office of the Information Commissioner to regulate the Data Protection (Jersey) Law 2018 and the Freedom of Information (Jersey) Law 2011. There are no other financial or manpower implications for the States.

Action required

The attached report is to be presented to the States as an ‘R’ to inform members of the appointments in accordance with Article 3(4) of the Law and the Greffier of the States is to be requested to make the necessary arrangements.

Signature

 

 

 

Senator J Le Fondré

Position

 

 

 

Chief Minister

 

 

Date signed

 

Effective date of the decision

 

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