Attorney General position entitlements (FOI)

​​​​​Request

[Please provide] information relating to the new Attorney General Position to be taken up by Robert MacRae in May 2015 including:

A.

Salary

B.

Holiday entitlement

C.

Pension provision

D.

Working hours

Response

At this time Mr Robert Macrae is not an employee of the States of Jersey. However he has been offered and accepted the post of Attorney General. In response to the FOI request:

A.

The individual salary information is considered personal data as defined in the Data Protection (Jersey) Law 2005 (“DPL”); and (b) the release of such salary information would be in breach of the data protection principles as set-out in the DPL. Therefore the exemption from release of such information applies as specified under Article 25(2)(b) of the Freedom of Information (Jersey) Law 2011.

The Chief Minister’s Department takes the view that disclosure of such personal data would breach the following Data Protection Principles of the DPL:

Data Protection Principle 1:

Personal data shall be processed fairly and lawfully: The release of the salary information on an individual basis, will undermine the expectation of the individual that his personal data would not be released. In particular, the Chief Minister’s Department notes the decisions of the UK Information Commissioner, in which the Information Commissioner has stated that a key factor to consider is whether there would be an expectation of disclosure.

Data Protection Principle 6:

Personal data shall be processed in accordance with the rights of data subjects: The release of personal data would not be in accordance with that individual’s rights to privacy. If the data were disclosed, it would constitute processing for an unspecified purpose.

Data Protection Principle 7:

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data. The release of personal data may breach the requirement to keep such personal data secure.

Data Protection Principle 8:

Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects: The release of personal data may result in a real risk of his personal data being displayed on the internet and thus viewable outside the EEA.

Pursuant to Article 25(2)(b) of the FOI Law there is an absolute exemption if the disclosure would breach any of the Data Protection Principles of the DPL.

The post of Attorney General currently falls into the salary band of £180,000 - £189,999.

B.

The post of Attorney General’s holiday entitlement is determined by the same terms and conditions of the Civil Service, under which the minimum annual leave entitlement is 22 days and the maximum is 28 days. The post of Attorney General is a senior official of the public service and as such will attract 28 days holiday entitlement plus any public holidays.

C. 

The individual salary information is considered personal data as defined in the Data Protection (Jersey) Law 2005 (“DPL”); and (b) the release of such salary information would be in breach of the data protection principles as set-out in the DPL. Therefore the exemption from release of such information applies as specified under Article 25(2)(b) of the Freedom of Information (Jersey) Law 2011.

The Chief Minister’s Department takes the view that disclosure of such personal data would breach the following Data Protection Principles of the DPL:

Data Protection Principle 1:

Personal data shall be processed fairly and lawfully: The release of the salary information on an individual basis, will undermine the expectation of the individual that his personal data would not be released. In particular, the Chief Minister’s Department notes the decisions of the UK Information Commissioner, in which the Information Commissioner has stated that a key factor to consider is whether there would be an expectation of disclosure.

Data Protection Principle 6:

Personal data shall be processed in accordance with the rights of data subjects: The release of personal data would not be in accordance with that individual’s rights to privacy. If the data were disclosed, it would constitute processing for an unspecified purpose.

Data Protection Principle 7:

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data. The release of personal data may breach the requirement to keep such personal data secure.

Data Protection Principle 8:

Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects: The release of personal data may result in
a real risk of his personal data being displayed on the internet and thus viewable outside the EEA.

Pursuant to Article 25(2)(b) of the FOI Law there is an absolute exemption if the disclosure would breach any of the Data Protection Principles of the DPL.

The post of Attorney General is entitled to membership of the Public Employees Contributory Retirement Scheme (PECRS) pension scheme.

D.

There are no fixed hours of work attached to the post of Attorney General save that it should work no less than 37 hours per week in common with the terms and conditions of the Civil Service.

Exemption

25    Personal information 

(1)    Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2)    Information is absolutely exempt information if: 

(a)     it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and 
(b)     its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.