Request
I request what yearly salary the Director of the Criminal Division receives for his position.
Response
Individual salary information is considered personal data as defined in the Data Protection (Jersey) Law 2005 (DPL); and the release of such salary information would be in breach of the data protection principles as set-out in the DPL. Therefore the exemption from release of such information applies as specified under Article 25(2) (b) of the Freedom of Information (Jersey) Law 2011.
The Chief Minister’s Department takes the view that disclosure of such personal data would breach the following Data Protection Principles of the DPL:
Data Protection Principle 1:
Personal data shall be processed fairly and lawfully: The release of the salary information on an individual basis, will undermine the expectation of the individual that his personal data would not be released. In particular, the Chief Minister’s Department notes the decisions of the UK Information Commissioner, in which the Information Commissioner has stated that a key factor to consider is whether there would be an expectation of disclosure.
Data Protection Principle 6:
Personal data shall be processed in accordance with the rights of data subjects: The release of personal data would not be in accordance with that individual’s rights to privacy. If the data were disclosed, it would constitute processing for an unspecified purpose.
Data Protection Principle 7:
Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data. The release of personal data may breach the requirement to keep such personal data secure.
Data Protection Principle 8:
Personal data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects: The release of personal data may result in a real risk of his personal data being displayed on the internet and thus viewable outside the EEA.
Pursuant to Article 25(2) (b) of the Freedom of Information (Jersey) Law 2011 there is an absolute exemption if the disclosure would breach any of the Data Protection Principles of the DPL.
We are only able to confirm that the post of Director of the Criminal Division currently falls into the salary band of £129,280 to £141,400.
Exemption(s) applied
Article 25: Personal Information
(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.
(2) Information is absolutely exempt information if –
(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and
(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.
