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Data Protection Tribunal - appointment

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STATES OF JERSEY

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DATA PROTECTION TRIBUNAL: 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

to a p point, in accordance with the provisions of Article  6(1) of, and Part  2 of Schedule  5 to, the Dat

Protection (Jersey) Law 2005, the following as members of the Data Protection Tribunal for a period of 6 years –

A d v o c a te P e ter Charles Harris , President M r . F r a n c is D u Heaume Le Gresley

M r s . N o r a A  lice Antonia Roberts

M r . M  a u ri c e Adrian des Forges

M r s . M a ri e -L ouise Backhurst

MINISTER FOR TREASURY AND RESOURCES

REPORT

Under the terms of the Data Protection (Jersey) Law 2005, the States is empowered to appoint a President and 4 other members from whom a Data Protection Tribunal will be constituted. The purpose of the Tribunal is to provide a right of appeal for those who are aggrieved at decisions made by the Data Protection Commissioner. As a consequence, members of the Tribunal must be seen to be independent of the Commissioner.

It is a requirement of the legislation that the President shall be an advocate or solicitor of not less than 7  years' standing and that the President and members will hold office for 6  years and shall be eligible for re-appointment. The Tribunal was constituted for the first time 3  years ago.

The original intention in selecting members was that there would be a balance between those who might be seen to be representing industry and commerce and those acting on behalf of the citizen.

Three of the existing members have signified that they would be willing to serve a further term of 6  years. Details of those who are willing to serve for a further term and who are recommended for office are as follows –

A d v o cate Peter Harris :  Advocate Harris was born in Jersey in June 1957 and was educated at Victoria

College before obtaining a B.A.  Hons. in Law at Kingston Polytechnic. He became a Member of Middle Temple, Member of the Society for Computers and Law and Chairman of the Law Society Information Technology Sub-Committee. He returned to Jersey in 1986, employed by Mourant, du Feu and Jeune , and was called to the Jersey Bar in March 1990. Advocate Harris became a partner at Walker s (formerly Crills Advocates) in September 1996.

M r. Francis Le Gresley:  Mr. Le Gresley was born in Jersey in June 1951 and educated at St. Lawrence

Primary School and Victoria College. He started a career in banking during 1968 and qualified as an Associate of the Chartered Institute of Bankers in 1977. Since then he held various managerial positions before leaving the industry in 1990. Mr. Le Gresley became manager of the Citizens Advice Bureau in 1992. He is a past Chairman of The Association of Jersey Charities.

M r s. Toni Roberts:  Mrs. Roberts was born and educated in Birmingham, England. For 13 years sh

worked for Crill, Cubitt Sowden and Tomes as Probate Manager, and for the last 16 years has worked for the Chase Bank and Trust Company (C.I.) Limited as a General Manager and now has international sales and product development roles. She is an Associate of the Chartered institute of Secretaries and Administrators and has an MBA from the University of Leicester. Mrs. Roberts is married with 2 children and was formerly Chairman of the Jersey Spina Bifida Association and is a committee member of the Institute of Directors. Interests include snow-skiing and gourmet food.

Following a vacancy advertising and interviewing process it is recommended that the following new members are appointed and who have agreed to serve for a period of 6 years

M r . M aurice des Forges:  Mr. des Forges was born in Nuneaton, England in August 1945 and is married

with 2  children. He started his career in banking working for the Midland Bank Group from 1963-1974 and  qualified  as  an Associate of the  Chartered  Institute  of Bankers in 1969. He  was  appointed as Director/Company Secretary of TSB Fund Managers (Channel Islands) Limited from 1974-1997. Mr. des Forges then became Head of Compliance at Mourant Limited until his retirement in April 2006. He is a founder member and past President of the Rotary Club de la Manche and enjoys visiting France.

M rs . Marie-Louise Backhurst: Mrs. Backhurst was born in London in 1948 and moved to Jersey with

her parents in 1964. She is married with 2 children and 5 grandchildren. She was educated in Sussex and Switzerland. She has a first class B.A. Hons. degree in History from the Open University and has made a study of Jersey history and its families. Mrs. Backhurst was President and founder member of the Channel Islands Family History Society (1978-1998), President of the Société Jersiaise (1995-1998) and Présidente of Les Amitiés Franco-Britanniques de Jersey (2000-2006). Mrs. Backhurst is editor of the Société Jersiaise Annual Bulletin and author of Family History in Jersey, 1997. She enjoys reading, skiing and sailing.

The Minister for Treasury and Resources has no hesitation in recommending the appointment of the President and the members of the Data Protection Tribunal for a period of 6  years.

There are no additional financial or manpower implications for the States arising from this proposition.