Jersey Data Protection Authority: Remuneration Approval

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A decision made on 9 December 2021

Decision Reference: MD-E-2021-0047
Decision Summary Title	Jersey Data Protection Authority remuneration approval	Date of Decision Summary	18 October 2021
Decision Summary author	Policy Principal (Digital)	Decision Summary: Public or exempt?	Public
Written Report title	Jersey Data Protection Authority remuneration approval	Date of Written Report	3 November 2021
Written Report author	Policy Principal (Digital)	Written Report: Public or exempt?	Public
Subject: Jersey Data Protection Authority remuneration approval
Decision: The Assistant Minister for Economic Development, Tourism, Sport and Culture decided to approve a proposed increase in remuneration and time commitment of the Chairman and voting members of the Jersey Data Protection Authority (JDPA).
Reasons for Decision: To fulfil the requirements of the Data Protection Authority (Jersey) Law 2018, which sets out – 7 Remuneration and resources (1) The voting members of the Authority are entitled to – (a) such fees, allowances and other emoluments as expenses as the Minister determines in consultation with the Authority and publishes; and (b) if the Minister so determines, reasonable out-of-pocket or other expenses occasioned in the course of carrying out the Authority’s duties. The JDPA undertook an internal and external review of remuneration and time commitment, which included a comparison with other regulators and Boards in Jersey. After considering the two reviews, the JDPA proposed to the Minister that an increase is appropriate to both the day rate and time commitment and recommended - increasing the day rates from £750 to £950 for the Chairman for 18 days increasing the day rate from £600 to £750 for 12 days for voting members an additional 3 days for members who chair sub committees. The Minister decided the request for an increase in remuneration and time commitment is reasonable based on an assessment of the proposal and the comparison to remuneration of other similar organisations provided by the JDPA.
Resource Implications: The Office of the Chief Executive provides the Jersey Office of the Information Commissioner with an annual grant to regulate the Data Protection (Jersey) Law 2018. The fees payable to members of the Authority are sourced from the annual grant. There are no other financial or manpower implications arising from these appointments.
Action required: The Head of Digital Economy to inform the Information Commissioner that this decision has been approved.
Signature: Deputy Kirsten Morel		Position: Assistant Minister for Economic Development, Tourism, Sport and Culture
Date signed:		Date of Decision (If different)

Jersey Data Protection Authority: Remuneration Approval

Economic Development,

Tourism, Sport & Culture

Ministerial Decision – Written Report

Jersey Data Protection Authority Board Remuneration

Date: Friday 16 July 2021

Author: Policy Principal (Digital)

Summary

The Data Protection Authority (Jersey) Law 2018 provides for the arrangements relating to a statutory body to oversee the protection of personal data.

Article 7 provides for the remuneration and resources of the Jersey Data Protection Authority (“the Authority”)
Article 7 (1) provides that the voting members of the Authority are entitled to –

(a) such fees, allowances and other emoluments as expenses as the Minister determines in consultation with the Authority and publishes; and

(b) if the Minister so determines, reasonable out-of-pocket or other expenses occasioned in the course of carrying out the Authority’s duties.

The Authority was established in 2018 to administer and enforce data protection legislation and to monitor and report to government on the operation of the law. There is a continuing need for regulation and enforcement of data protection legislation and the Authority contributes in this way to Government’s strategic outcomes and objectives.

In a letter dated 6 July 2021 the Chairman of the Authority, Jacob Kohnstamm, wrote to the Minister advising that the Authority had undertaken both an internal and external review of remuneration, which included a comparison with other regulators in Jersey and an assessment of how many days are needed from the Chairman and voting members.

The Authority’s conclusions were that an increase was appropriate to both the day rate and time commitment and recommended increasing the day rates to £950 for the Chairman for 18 days per annum, and £750 for 12 days per annum for voting members, an increase of £150 each, with an additional 3 days per annum for members who chair sub committees. Overall, the Authority’s proposals were to bring the day rates closer to the median compared to other similar Boards and the time commitment in line with requirements.

Approval of Remuneration

Having considered the Chairman’s proposal, the Minister has approved an increase in remuneration and time commitment for the Chairman and voting members as set out in the Chairman’s letter.

Resource implications

The Office of the Chief Executive provides the Jersey Office of the Information Commissioner with an annual grant to regulate the Data Protection (Jersey) Law 2018. The fees payable to members of the Authority are sourced from the annual grant. There are no other financial or manpower implications for the Government of Jersey.