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Data Protection Authority (Jersey) Law 201-: Regulations: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 January 2018:

Ministerial decision reference    MD-C-2018-0002

Decision summary title  Approval to request the drafting of Regulations under the Draft Data Protection Authority (Jersey) Law 201-

Decision summary author

Digital Policy Adviser

Is the decision summary public or exempt?  

Public

Report title  Draft Data Protection Authority (Jersey) Law 201- - Proposal for transitional Regulations to govern registration of data controllers and processors with the Authority

Report author or name of

person giving report

Digital Policy Adviser

Is the report public or exempt?

Exempt – QE 35

Decision and reason for the decision

The Assistant Chief Minister approved the request to draft Regulations to be put before the States under the Draft Data Protection Authority (Jersey) Law 201- (the ‘draft Law’)-. The Regulations would establish temporary arrangements for the registration of data controllers and processors with the Data Protection Authority (the ‘Authority’).

If enacted, the draft Law would come into effect on 25 May 2018. Article 17 of the draft Law would make it an offence for controllers and processors of personal data to process it without being registered, subject to any exemptions made by Regulations. Articles 17 and 18 would provide for the Authority to charge a controller or processor to become and to remain registered. The amount of a charge should be determined by, or in accordance with, Regulations made under Article 18 of the draft Law.

Regulations are therefore required to establish the process that will govern the registration of data controllers and processors with the Authority and the charges to be imposed.

The Regulations proposed would provide a temporary framework for registration and charging. The Minister has also instructed officials to take forward research and investigate with the Authority the best approach to establishing an alternative, risk-based registration and charging model. Under this model, the registration fees paid by data controllers and processors would be linked to the risk of their processing activities. The establishment of a risk-based model is necessary both to maintain ‘adequacy’ with the European Union’s General Data Protection Regulation and to achieve the medium term goal of making the Authority self-funding.

Resource implications

None.

Action required

The instructions to be sent to the Law Draftsman requesting that the necessary law drafting be carried out on the basis provided by the Chief Minister’s Department.

Signature: Senator P.F. Routier M.B.E.

 

 

 

 

Position: Assistant Chief Minister

 

 

 

 

Date signed:

 

Effective date of the decision (if different from Date Signed):

 

 

 

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