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Data Sharing Agreement: Social Security and Viscounts.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (28/08/2009) regarding: Data Sharing Agreement: Social Security and Viscounts.

Decision Reference: MD-S-2009-0048

Decision Summary Title :

DS  - Data Sharing Agmt Viscount 21Aug09

Date of Decision Summary:

21 August 2009

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - Data Sharing Agmt Viscount 21Aug09

Date of Written Report:

21 August 2009

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Data sharing agreement – Ministerial claims in insolvency proceedings under the Temporary Insolvency Scheme (R.44/2009).

Decision(s): The Minister decided to sign a data sharing agreement providing for the exchange of information between designated officers of the Social Security and Viscount’s Departments in order that the Social Security Minister’s claims as a creditor in insolvency proceedings may be validated.

Reason(s) for Decision: Under the Temporary Insolvency Scheme, the former employees of insolvent employers may claim compensatory payments in lieu of the statutory notice period that they are entitled to under the Employment (Jersey) Law 2003.  To receive payment, these claimants must assign their right to the debts to the Social Security Minister to enable the Minister to make a claim in insolvency proceedings in place of the claimant.  The Viscounts Department must validate the payments that have been made to claimants in order that the Minister’s claim may proceed in the insolvency proceedings. This means that there must be an exchange of some personal information, including information about claimants’ income during the statutory notice period.

Resource Implications: There are no financial or manpower implications.

Action required: The Minister for Social Security to sign a data sharing agreement with the Viscount in respect of the restricted sharing of relevant information.

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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