Data Protection Authority: Re-appointment Of Chairman

STATES OF JERSEY

DATA PROTECTION AUTHORITY: RE-

APPOINTMENT OF CHAIRMAN

Presented to the States on 12th March 2021

by the Minister for Economic Development, Tourism, Sport and Culture

STATES GREFFE

2021  R.35

REPORT

Background

The Minister for Economic Development, Tourism, Sport and Culture is presenting this Report to the States Assembly in line with the Data Protection Authority (Jersey) Law 2018 to give notice of his intention to reappoint Mr. Jacob Kohnstamm as Chair of the Data Protection Authority.

The Data Protection Authority is established under Article 3 of the 2018 Law, states – "3  Constitution of Authority

1. The Authority consists of –
   1. the Chairman;
   2. no fewer than 3 and no more than 8 other voting members; and
   3. the Commissioner as an ex officio and non-voting member.
2. Subject to paragraph (4), the Chairman and the other voting members are appointed by the Minister who must have particular regard to the need to ensure that voting members of the Authority –

1. have the qualifications, experience and skills necessary to exercise and perform the functions of a member, in particular relating to the protection of personal data;
2. have a strong sense of integrity; and
3. are able to maintain confidentiality.

3. Before appointing any individual under this Article, the Minister may require the individual to provide, or to authorize the Minister to obtain, any information and references that the Minister reasonably requires to ascertain the individual's suitability for appointment as a voting member.
4. At least 2 weeks before making an appointment under this Article the Minister must present to the States a notice of the Minister's intention to make the appointment.
5. Each voting member is appointed for a term of 5 years or such shorter period as the Minister thinks fit in a particular case and is eligible for reappointment up to a maximum period of service of 9 years.
6. An individual is ineligible to be a voting member if the individual –

1. is, or has at any time during the preceding 12 months been, a member of the States of Jersey;
2. is a States' employee or is otherwise under the direction and control of the States; or
3. is  engaged  in  any  employment,  occupation  (whether  or  not remunerated)  or  business,  or  receives  any  benefits,  that  is incompatible with the functions of a member of the Authority."

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Matters relating to appointment  

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 and can serve up to a maximum of nine years in total.

Mr Jacob Kohnstamm has been reappointed as Chair of the Data Protection Authority for a period of three years commencing on 25th May 2021. This will bring his period of service to a total of six years and will provide consistency and stability for the JDPA at a time when the Jersey Office of the Information Commissioner, which it oversees, has recently recruited a new head of service.

In accordance with the requirements of the 2018 Law, the original selection process was overseen by the Jersey Appointments Commission. Their involvement is not required for a reappointment.

Financial and manpower implications

Article 7(1) of the 2018 Law states –

"7  Remuneration and resources

(1)  The voting members of the Authority are entitled to –

1. such fees, allowances and other emoluments as expenses as the Minister  determines  in  consultation  with  the  Authority  and publishes; and
2. if the Minister so determines, reasonable out-of-pocket or other expenses occasioned in the course of carrying out the Authority's duties."

Fees payable to the Chairman of the Data Protection Authority are sourced from the annual grant made to it to administer the Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018, as well as from its own revenue. There are no other financial or manpower implications for the States.

Biographical details of Appointment

Mr Jacob Kohnstamm

Mr Kohnstamm has been in post as Shadow Chair and then Chair of the Jersey Data Protection Authority since 2018. Before taking up the position with the Jersey Data Protection Authority in 2018, Mr Kohnstamm served as Chairman of the Dutch Data Protection Authority from August 2004 until August 2016.

Between 2008 and 2010, he also served as the elected Vice-Chair of the Article 29 Data Protection Working Party (WP29). He was subsequently elected Chair of that body in 2010 and re-elected for a 2-year mandate in 2012. WP29 is an independent advisory

R.35/2021

body composed of representatives of the various data protection supervisors in the European Union.

Between 2011 and 2014, Mr Kohnstamm was Chair 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, with a primary goal to improve the control users have over their data.