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Data Protection - Code of Practice and Guidance

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (02.04.07) to lay the Code of Practice and Guidance on the use of CCTV before the States.

Subject:

Data Protection (Jersey) Law 2005, Articles 51 and 52. Code of Practice and Guidance on the use of CCTV

Decision Reference:

MD-TR-2007-0035

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:

EM/1/21/03/07

Written Report –

Title

Data Protection (Jersey) Law 2005, Articles 51 and 52. Code of Practice and Guidance on the use of CCTV

Written report - author

Emma Martins - Data Protection Commissioner

Decision(s):

The Minister has been provided with a copy of the code (in accordance with Article 52(4)) and has agreed to lay it before the States (in accordance with Article 52(5)).

Reason(s) for decision:

The Data Protection (Jersey) Law (2005) now covers the processing of images captured by CCTV cameras where that processing identifies individuals. Due to the prevalence of such cameras and the importance of robust regulatory oversight, the DPC – in accordance with the powers afforded her within Article 51 has produced a code of practice and guidance which data controllers processing CCTV data will be expected to comply with.

Action required

In accordance with Article 52 of the Law, the Data Protection Commissioner will arrange for a copy of the code to be laid before the States.

Signature:

(Minister / Assistant Minister)

Date of Decision:

2nd April 2007

 

 

 

 

 

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