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Data Protection Commissioner and Vice-Data Protection Commisioner: Renewal of Appointments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2015:

Ministerial decision reference   MD-C-2015-0136

 

Decision summary title

Report and Proposition for the re-appointment of the Data Protection Commissioner

Decision summary author

Director – Corporate Policy

Is the decision summary public or exempt?  

Public

Report title    

Report and Proposition for the re-appointment of the Data Protection Commissioner

Report author or name of

person giving report

Director – Corporate Policy

Is the report public or exempt?

Public

Decision and reason for the decision  

The Chief Minister decided to lodge ‘au Greffe’ a Report and Proposition recommending the re-appointment of Mrs Emma Martins as Data Protection Commissioner for a period until the 30th September 2016, and the appointment of Mr Paul Vane as vice-Data Protection Commissioner in accordance with the requirements of the Data Protection (Jersey) Law 2005.

 

The re-appointment of Mrs Martins as Data Protection by the States Assembly provides an opportunity for a pan-Island appointment process to be undertaken, alongside other work to review arrangements in respect of the Commissioner, and noting the importance of broader regulatory developments.

Resource implications  

There are no additional financial or manpower implications arising from the Proposition.

Action required  

The Director, Corporate Policy, to request the Greffier of the States to arrange for the Report and Proposition to be lodged ‘au Greffe’ for consideration by the States Assembly at the earliest opportunity.

Signature

 

 

 

Position

Senator I.J. Gorst

Chief Minister

 

 

 

Date signed

Effective date of the decision

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