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Jersey Data Protection Authority: Remuneration Approval

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

 

 

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