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Appointment of Data Protection Commissioner.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (30/10/2006) regarding Appointment of Data Protection Commissioner.

Subject:

Appointment of the Data Protection Commissioner

Decision Reference:

MD-TR-2006-0112

Exempt clause(s):

N/A

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

N/A

Report

File ref:

IC/01/23/10/06

Written Report –

Title

Appointment of the data Protection Commissioner

Written report - author

Ian Crich – Director of Human Resources

Decision(s):

The Minister agreed to submit a Report and Proposition to the States recommending confirmation of the appointment (and the terms thereof) of Mrs Emma Martins as Data Protection Commissioner

Reason(s) for decision:

As set out in the report considered by the States Employment Board on 29th September 2006.

Action required:

Lodge Appointment of Data Protection Commissioner au Greffe.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

30th October 2006

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