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WRITTEN QUESTION TO THE CHIEF MINISTER
BY DEPUTY M.R. HIGGINS OF ST. HELIER ANSWER TO BE TABLED ON TUESDAY 20th NOVEMBER 2012
Question
Will the Chief Minister list for the Assembly the number of prosecutions brought by the Data Protection Commissioner under the Data Protection (Jersey) Law 2005 since the Appointed Day Act to date giving details of each case, its cost and its outcome?
Answer
Prosecutions for offences contrary to the Data Protection (Jersey) Law 2005 can only be brought by and require the consent of the Attorney General. In those cases into which the Data Protection Commissioner has conducted an investigation and which might be appropriate for a prosecution, the files are forwarded to the Law Officers' Department for their consideration. The Police may also conduct investigations and refer files to the Attorney General for consideration. It is not appropriate to provide details in relation to investigations which did not lead to prosecutions.
Details as to the numbers of prosecutions and any costs incurred arising from such prosecutions would be a question more appropriately directed to the Attorney General.