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Jersey Data Protection Authority: Re-appointment of Chair

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.

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A decision made on 30 November 2020

Decision Reference: MD-E-2020-0055

Decision Summary Title :

Jersey Data Protection Authority reappointment of Chair

Date of Decision Summary:

02 November 2020

Decision Summary author

Private Secretary, EDTSC

Decision Summary:

Public or exempt?

Public

Type of report:

Oral or Written?

Written

Person giving

Oral Report:

N/a

Written Report

title :

Jersey Data Protection Authority reappointment of Chair

Date of Written Report:

21 October 2020

Written Report author

Digital Policy Officer

Written Report:

Public or exempt?

Public 

Subject: Jersey Data Protection Authority (JDPA) reappointment of Chair.

Decision:

The Minister for Economic Development, Tourism, Sport and Culture decided to reappoint Jacob Kohnstamm for a period of three years commencing on 25 May 2021.

Reasons for Decision:

Article 3 of the Data Protection Authority (Jersey) Law 2018 requires the Minister to appoint the Chair for an initial term of up to five years. Mr Kohnstamm was initially appointed for a three-year term, which will expire on 24 May 2021. The Chair is eligible for reappointment for a period of up to a maximum of nine years in total. A further three years with Mr Kohnstamm will provide consistency and stability for the JDPA while the Jersey Office of the Information Commissioner, which it oversees, recruits a new head of service.

Resource Implications:

There are no manpower or financial resource implications for the States or Government as a result of this decision.

Action required:

The Digital Policy Officer to advise the postholder and the Authority accordingly.

Signature:

 

 

 

 

 

 

Senator Lyndon Farnham

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date signed:

Date of Decision (If different from Date Signed)

 

Jersey Data Protection Authority: Re-appointment of Chair

Economic Development,

Tourism, Sport & Culture

 

 

 

MINISTERIAL TEAM BRIEFING NOTE

 

Jersey Data Protection Authority: Reappointment of Chair

 

Date: Friday 21 October 2020

Author: Digital Policy Officer

 

Summary

 

The Jersey Data Protection Authority (JDPA) is established under Article 3 of the Data Protection Authority (Jersey) Law 2018. It provides the Authority with a Chair and no fewer than three and no more than eight other voting members. Members are to be appointed by the Minister and the States Assembly formally notified. On 28 March 2018 the States Assembly was given notice of the intention to appoint Mr. Jacob Kohnstamm as Chair for a period of three years.

Mr Kohnstamm was initially appointed to act as a Shadow Chair and was then subsequently appointed as Chair of the JDPA when the Data Protection (Jersey) Law 2018 and Data Protection Authority (Jersey) Law come into force on 25 May 2018.

Article 3 of the Law requires the Minister to appoint the Chair for a term of five years or shorter as the Minister thinks fit with the Chair being eligible for reappointment for up to a maximum period of service of nine years. Mr Kohnstamm was appointed for a period of three years, which will expire on 24 May 2021.

The Minister is requested to confirm if he would like to offer Mr Kohnstamm the opportunity to be reappointed for a further period. Appendix 1 contains the biographical details of appointment of Mr Jacob Kohnstamm as presented to the Assembly in March 2018.   If the Minister does not wish to offer Mr Kohnstamm the opportunity to be reappointed then the recruitment process will need to be started to ensure the Authority has a new Chair in place for 24 May 2021.

 

 


 

 

Appendix 1

Biographical details: Mr Jacob Kohnstamm

Mr Jacob Kohnstamm has served as Chair of the Dutch Data Protection Authority from August 2004 until August 2016.

Between 2008 and 2010, he also served as the elected Vice-Chairman of the Article 29 Data Protection Working Party (“WP29”). He was subsequently elected Chairman of that body in 2010, and re-elected for a two-year mandate in 2012. WP29 is an independent advisory body composed of representatives of the various data protection supervisors in the European Union.

Between 2011 and 2014, Mr Kohnstamm was Chairman of the Executive Committee of the International Conference of Data Protection and Privacy Commissioners. As a preparation for hosting that Conference in Amsterdam in 2015, he initiated the Privacy Bridges project in 2014. The Privacy Bridges project united 20 US and EU privacy specialists to find pragmatic and workable solutions to overcome the differences in privacy legislation in all parts of the world; solutions that have as primary goal to improve the control of users over their data.  

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