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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Draft Data Protection (Amendment of Law) (Jersey) Regulations 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 23 September 2020

Decision Reference: MD-E-2020-0041

Decision Summary Title :

Draft Data Protection (Amendment of Law) (Jersey) Regulations 202-

Date of Decision Summary:

17 September 2020

Decision Summary author

Digital Policy Officer

Decision Summary:

Public or exempt?

Public

Written Report

title :

Data Protection (Jersey) Law 2018 -amendment

Date of Written Report:

17 September 2020

Written Report author

Digital Policy Officer

Written Report:

Public or exempt?

Public 

Subject: Draft Data Protection (Amendment of Law) (Jersey) Regulation 202-

Decision: The Minister for Economic Development, Tourism Sport and Culture decided to lodge ‘au Greffe’ the draft Data Protection (Amendment of Law) (Jersey) Regulations 202-

Reasons for Decision: If approved by the States Assembly, the attached amendment will enable the Minister for Economic Development, Tourism, Sport and Culture to amend the Data Protection (Jersey) Law 2018 by Regulation. The amendment will ensure data can continue to flow freely between the island and the UK after the end of 2020. This will cover the interim period between the UK leaving the EU and the EU completing the UK’s adequacy assessment jurisdiction for data protection purposes. The effect will be to extend the existing Regulations to the end of 2021.

Resource Implications: There are no additional resource implications. 

Action required: The Policy Officer to request the Greffier of the States to arrange to lodge the draft Regulations ‘au Greffe’ as soon as possible.  

Signature:

 

 

 

 

 

 

Senator Lyndon Farnham

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date signed:

Date of Decision (If different)

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