Authority Meeting 19 August 2019

Jersey Data Protection Authority Meeting

MINUTES

 

09:00 – 12:30  19 August 2019

Jersey Office of the Information Commissioner Offices [JOIC]

 

Chairman Present:

Jacob Kohnstamm

Voting Members Present:

Clarisse Girot

David Smith

Paul Routier MBE

Helen Hatton

Apologies

Gailina Liew

Non- Voting Members Present:

Dr Jay Fedorak – Information Commissioner

In Attendance:

Paul Vane -  Deputy Data Protection Commissioner

Adrian Hayes – Compliance and Enforcement Manager [& Internal guest speaker]

Anne King  - Communications and Operations [& Note taker]

Claire Brown – Senior Caseworker  [Internal guest speaker]

Guest Speaker:

None

 

 

 

 

Item

Action

1.0

Chair call to order, gave apologies, approved the agenda and welcome both new members to the board.

 

New and existing members gave a brief resume of their professional backgrounds. The Commissioners and senior JOIC managers also summarised their careers to date.

 

 

JDPA Oversight of Freedom of Information (FOI) Functions

JOIC to resend FOI letter to the Helen Hatton

 

Board approved minutes;

·         29 April 2019 

Board approved minutes.

2.0

Board Governance, Operations and Procedures

 

2.1

JDPA Corporate Governance Protocol

Board reviewed the updated document.

 

 

 

 

 

Board approved the updated JDPA Corporate Governance Protocol

To be posted on JOIC website

2.2

Appointment of Auditors

Discussions currently in progress with the Government of Jersey.

It has been confirmed that JOIC/JDPA are subject to the Government of Jersey’s auditors for current fiscal year.

Discussion followed regarding the input from the Comptroller & Auditor General in relation to auditors.

 

 

3.0

JOIC Update – Commissioner

 

3.1

The Commissioner updated the Board;

·         The States Assembly Members lunch was well attended. The presentation generated a good level of interesting interaction.

·         JOIC hosted BIIDPA [British, Irish and Islands' Data Protection Authorities of the UK, Ireland, Cyprus, Jersey, Isle of Man, Malta, Gibraltar and Bermuda]. We received positive feedback. Data Protection Commission, Dublin, will host BIIDPA 2020.

·         Privacy Laws & Business – the Commissioner spoke at the 32nd Annual International Conference in Cambridge. 3 members of JOIC also attended the conference.

·         JOIC has applied to join the Francophone Data Protection Authorities (AFAPDP). The Commissioner will be attending the next annual meeting in Senegal in September.

 

3.2

Performance Statistics /Case Data

The Compliance and Enforcement Manager presented the first and second quarter’s 2019 case statistics to the board. He noted that at the end of

2018 Q1 & Q2 - 127 active cases

2019 Q1 & Q2  - 207 active cases [representing a 63% increase year on year for the same period]

 

A discussion followed regarding future statistical reporting. JOIC need to be able to demonstrate its effectiveness; 

·         Has mediation made a difference

·         Effective enforcement

 

Enforcement Strategy to clarify the purpose of our statistics.

 

 

 

 

 

 

 

 

JOIC to present case data in detail – December 2019 meeting.

 

JOIC to present draft Enforcement Strategy at December 2019 meeting.

3.3

Senior Caseworker updated the Board on two active cases. Case 1 related to a subject access and potential data deletion.

Case 2 raised questions regarding ‘next of kin’ and releasing this information.

 

3.4

Financial Performance

The Commissioner advised the Board;

·         Revenue is on target

·         Contingency draw down situation

The Board discussed the financial situation and the contingency monies request.

The Board complimented JOIC Financial Manager on the presentation and depth of the financial information.

It was agreed that the Chair and the Commissioner raise their concern with the Ministerial meeting on 19.8.19

3.5

Standardised Pay Structure

The Deputy Commissioner briefed the Board as to the objectives of the proposed Standardised Pay Structure;

·         To provide for career progression

·         To align to Government of Jersey pay scales and awards

·         To define pay award structure/mechanism

Next steps

·         Aim to move to Standardised Pay Structure January 2020

·         Terms & Conditions to be amended

 

The Deputy Commissioner assured the Board that the Standardised Pay Structure falls within the current budget. Although a JOIC delegated decision, the Commissioners welcomed any guidance or advice from the Board.

The Standardised Pay Structure reflects that of the Government of Jersey’s but with different pay bands.

 

 

 

 

The Board requested clarification on the calculation of annual pay awards detailed in the Standardised Pay Structure, which was approved on 17/9/19

 

3.6

Staffing Update

The team will be strengthen with two new members due to start

·         28.8.19 Finance Officer

·         05.9.19 Junior Caseworker

The Deputy Commissioner advised the Board that JOIC still has the potential for 4 more staff members; possibly a junior caseworker and a junior communications officer.

The Board advised that JOIC using external Technical expertise as and when required.  In house Legal and Policy Officer joining JOIC 7.10.19.

 

 

 

3.5

Strategic Plan

Board discussed the updated document and made additional minor suggestions regarding content.

 

JOIC to use this plan as a basis for developing a business plan.

 

Strategic Plan approved and to be published on JOIC website.

 

4.0

Proposed Revenue Model

Chair briefed Board members on chronology of the revenue model development and progress.

Deputy Commissioner updated the Board. The 6-week consultation drew 17 respondents from a mix of finance/trust fund companies/administered companies and small businesses.

 

A discussion followed over concerns of territorial effect, public registry and exemptions.

Work is continuing to refine the model alongside work to demonstrate our effectiveness.

Due to introduce January 2020 – raised timing concerns.

 

 

 

5.0

Any other business

 

Board to meet with the Guernsey Data Protection Commissioner and Chairman for an informal lunch immediately following the next meeting. MOU is now in draft.

 

2nd December Board meeting confirmed  09:00 -13:00

 

 

 

 

 

Agreed to develop an agenda for the meeting.

 

Email to Board to propose 2020 meeting dates [use doodle poll]

 

7.0

The meeting closed at 12:15