Pan-Island Data Protection Commissioner (cannot be debated before 16th September).

STATES OF JERSEY

PAN-ISLAND DATA PROTECTION COMMISSIONER

Lodged au Greffe on 5th August 2011 by the Chief Minister

STATES GREFFE

2011   Price code: A  P.133

PROPOSITION

THE STATES are asked to decide whether they are of opinion

1. to approve  the  creation  of  a  Pan-Island  Data  Protection Commissioner;
2. to amend the current terms and conditions of the Data Protection Commissioner for Jersey to allow engagement as the Data Protection Commissioner  under  the  Data  Protection  (Bailiwick  of  Guernsey) Law 2001.

CHIEF MINISTER

REPORT

The impending retirement of the existing Data Protection Commissioner in Guernsey allowed the Home Department in Guernsey to investigate the feasibility of a pan- Island Data Protection Commissioner. The Data Protection Commissioners of both Islands  have  developed  the  proposal  further  to  the  point  that  a  pan-Island  Data Protection Commissioner is proposed to be in place on the retirement of the Guernsey Commissioner at the end of September 2011.

The Home Department in Guernsey will be lodging a similar report and proposition recommending this proposal in August 2011 for debate in September. The relevant Committees in both Alderney and Sark support the proposal.

The  Data  Protection  legislation  is  similar  in  both  Bailiwicks,  with  only  minor differences. The role of the 2 Data Protection Commissioners is therefore identical in safeguarding  the  privacy  rights  of  individuals  with  regard  to  processing  personal information.  It  was  therefore  sensible  to  consider  a  pan-Island  Data  Protection Commissioner,  but  the  status  quo  alternative  was  also  considered.  The  preferred option  of  the  Home  Department  in  Guernsey,  the  Council  of  Ministers  and  the respective  Data  Protection  Commissioners  is  to  proceed  with  a  pan-Island Commissioner because –

1. it will provide an enhanced and more consistent service to both jurisdictions by improving operational and service performance;
2. cost savings can be realised, both in staffing resource and operational costs; and
3. there are benefits in encouraging pan-Channel Islands working. Proposal

The pan-Island Data Protection Commissioner will act on behalf of each Bailiwick independently  and  independent  of  both  Governments.  The  Commissioner  will  be accountable  to  each  respective  Government  and  will  continue  to  advise  each Government on Data Protection and best practice. It will be for each Government to determine the specific legislation applicable to that jurisdiction.

The offices in both Jersey and Guernsey will remain, to provide front-facing customer services in person, by telephone, e-mail or fax. It is considered that both Islands should  retain a  presence to  reassure  both  communities that  a  comprehensive and efficient local service is being offered with no loss of quality. In time, with the sharing of workloads, the building of expertise and improvements in transactions, the service will  improve  in  terms  of  coverage,  support  and  resilience.  Improvements  in communications  infrastructure  and  information  technology  will  provide  further efficiencies and service gains.

Both jurisdictions will see benefits under this proposal –

1. there will be an increased perception of independence and a reduced potential for political interference in the work of the Commissioner;
2. there  is a  greater  likelihood  of  consistency  in decision-making  based  on common experience and case history;

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3. there will be an improvement in service coverage – coping with peaks, troughs and absences;
4. there  is no  competitive  element,  so  businesses  which  operate  in both jurisdictions will experience continuity of service;
5. the consistency in development of both Statutory and Voluntary Codes of Practice will be rationalised across the Channel Islands;
6. staff time will be utilised more efficiently;
7. the combined cost of provision would be reduced by –

1. a reduction in salary costs;
2. long-term savings in the provision of IT support;
3. a reduction in the cost of publicity and educational campaigns; and
4. a reduction in the travel cost and expenses of international liaison and representation.

Future developments

The creation of a pan-Island Data Protection Commissioner is perhaps the first step in the creation of a much more integrated data protection operation, providing better and more resilient customer service and protection. Over time and with experience, greater integration might provide greater benefits whilst retaining the independence of the Office, the legislation and the respective Governments.

However, there are 2 issues worthy of comment at this stage. Currently both Data Protection Commissioners recognise the need for greater focus on compliance. The idea of a Compliance Unit across both Islands is being pursued and is included in the salary projections for 2015. Secondly, Jersey has agreed, subject to resources being available, that a Freedom of Information Law will be introduced in 2015. This Law recommends  that  the  Data  Protection  Commissioner  should  be  designated  the Information Commissioner and regulate the application of Freedom of Information in Jersey. Guernsey has yet to decide on the implementation of Freedom of Information. The implications of a Freedom of Information Law in Jersey have been recognised in the proposal, but as effectively it stands apart from Data Protection legislation it does not detract from the benefits of adopting a pan-Island Data Protection Commissioner.

Financial and manpower implications

The proposal suggests that the Commissioner's salary be split 60%/40% respectively, based  on  historic  and  current  levels  of  activity  between  Jersey  and  Guernsey. Currently  (2010)  total  operating  costs  in  Jersey  are  £292,000  and  £218,000  in Guernsey, which includes total salary costs of £227,000 and £166,000 respectively. Under this proposal the predicted total salary costs for 2012 are £160,000 for Jersey and £120,000 for Guernsey. The estimated total salary costs for 2015 are £140,000 for Guernsey and £190,000 for Jersey; however, if Freedom of Information legislation is introduced in Jersey in 2015, the predicted total salary costs for Jersey increases to £265,000.