Data Protection Commissioner - appointment

STATES OF JERSEY

r

DATA PROTECTION COMMISSIONER: APPOINTMENT

Lodged au Greffe on 1st November 2006 by the Minister for Treasury and Resources

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

t o ap point Mrs. Emma Martins as Data Protection Commissioner for Jersey in accordance with the

provisions of Article 6(1) of, and Part 1 of Schedule 5 to, the Data Protection (Jersey) Law 2005, on th terms set out in the Appendix to the report of the Minister for Treasury and Resources dated 1st November 2006.

MINISTER FOR TREASURY AND RESOURCES

REPORT

Introduction

1.1 S c hedule 5 of the Data Protection (Jersey) Law 2005 provides that the terms and conditions of the appointment of the Data Protection Commissioner are determined by the States at the time of the appointment.

Background

1. M r s. Martins was appointedas Data Protection Registraron1stApril2004,beingpromoted from her role as Deputy Data Protection Registrar. A reportand proposition was lodgedauGreffeon 10th February 2004 bythe Finance andEconomicsCommittee, stating "THE STATES are asked to decide whether they are of opinion – in accordance with paragraph 1(1) of the Second Schedule to the Data Protection (Jersey) Law 1987, to appoint Mrs. Emma Martins to the post of Data Protection Registrar with effect from 1st April 2004."
2. P a ragraph (2) of Article 6 of the Data Protection (Jersey) Law 2005, which came into force on 1s December2005, provides that theStatesmay from timetotimeappoint a person to the officeofData Protection Commissioner,butuntil the first such appointmenttakeseffect, the person holding office as Data Protection Registrar immediately before the Article comes into forceshall hold office after then as Commissioneron the termsand conditions applying immediatelybeforethen.
3. S c hedule 5 ofthe2005Law provides that the termsand conditions of appointment to the office of Commissioner shall be consistent with the Law and determined by the States at the time of appointment.

Recommendation

1. T h e Statesare now invited to formally appointMrs. MartinsasCommissioner in accordance with the provisions of the 2005 Law andto determine the termsandconditionsofherappointmentwhen the appointment is made, as provided forinparagraph 1(2) of Schedule  5 of the 2005 Law.
2. T h e proposedterms and conditions for Mrs. Martin's appointmentas Data Protection Commissioner are set out in the attached Appendix to this Report. The termsand conditions have been consideredby the States Employment Board and are presented totheStates with the supportof that Board.

1st November 2006

APPENDIX

Mrs. Emma Martins

TERMS OF APPOINTMENT

1. The Appointee is engaged as Data ProtectionCommissioner. Pursuant to paragraph  2(5) of Schedule  5 the terms and conditions of the Appointee shall not be construed so as to create a contract of employment or agency between the States (or the Minister) and the Appointee.
2. The Appointment is for a period of 5  years except where it is terminated by either the States of Jersey or the Appointee. No later than 4½ years from the date of formal appointment (i.e. no later than 6  months prior to a period of 5 years being completed) a decision will be taken by the States as to whether the appointment is to be renewed and on what terms.
3. It is expected that the Appointee will work such hours as are necessary to fulfil the role properly. The minimum hours of work for this appointment are 37  hours per week. TheAppointee shall reside in Jersey and shall not, either directly or indirectly, engage or be concerned in any other service or business whatsoever, or receive commission or profits of any kind.
4. T h e Appointee shall be entitled to remuneration equivalent to Civil Service Pay Grade 15/3 as from 1st December 2005, the commencement date of the Data Protection (Jersey) Law 2005. Remuneration shall be reviewed at annual intervals subject to any general pay awards agreed for the Civil Service pay group, effective from 1st June of each year. Any payments made in error to the Appointee will be deducted from the Appointee's remuneration after due notice is given. Consideration will be given to the amount and timing  of  these  repayments  after consultation  with  the Appointee.  The  post is  pensionable and  the Appointee is eligible to remain in the Public Employees Contributory Retirement Scheme (PECRS).
5. T ermination of the appointment is by written notice, by either party. Any decision to terminate the appointment on behalf of the States of Jersey would be made by the States and a minimum period of 6  months' notice would be given. For the avoidance of doubt, the Appointee shall not be entitled to compensation in the event of termination or non-renewal. Should the Appointee wish to terminate the appointment then she should give 4  months' notice of that intention.
6. The States of Jersey shall indemnify (and hold harmless) the Appointee in respect of any claim arising in the course of her duties, save in the case of criminal wrongdoing, fraud or gross negligence.
7. The Appointee's entitlement to paid time off for annual leave, study leave and maternity leave will be in line with terms and conditions agreed with the Director of Human Resources. In addition to the Terms and Conditions of Appointment as detailed above, the Appointee will, where appropriate, enjoy the same conditions of service as if she were employed as a Civil Servant at Grade  15/3. Any amendment may be agreed between the Appointee and the Director of Human Resources provided that such changes do not constitute a material departure from existing terms and conditions. A Memorandum of Understanding ("MoU") will be entered into to address practical issues e.g. lines of   c o m m  unication, budgetary matters. The MoU will not form part of the terms and conditions of this appointment and may be amended from time to time.