QUESTION
Do charities need to
register with the Data Protection Authority (Jersey) ? What will be costs be?
RESPONSE
Simple Answer: YES, We don't know yet.
This is a really great question because at the moment there are a number of organisations who are not registered under the current Data Protection Law, and who may be required to register and pay fees under the new law.
This is a really great question because at the moment there are a number of organisations who are not registered under the current Data Protection Law, and who may be required to register and pay fees under the new law.
The States of Jersey has unanimously adopted the draft Data
Protection (Jersey) Law 201- and the draft Data Protection Authority (Jersey)
Law 201-. The legislation will now be sent to the Privy Council for sanction.
It is anticipated that (subject to Royal Assent) the laws will come into force
on or before 25 May 2018 when the EU's General Data Protection Regulation will
also come fully into force.
P.116/2017 Draft
Data Protection (Jersey) Law 201-
P.117/2017 Data
Protection Authority (Jersey) Law 201-
You can see the draft legislation here…
I note
the flat
annual fee may be much lower if Charities as a sector can demonstrate good
practice with secure + private data. So there may be
value in being coordinated and lobbying for a low or possibly no charge.
The
recommendation is a
risk-based tiered administrative charge.
With this option,
organisations acting as data processors or controllers would be assessed
and classified according to
the risk of
their processing activities,
then allocated to
a tiered-band defined by their perceived risk. A flat
annual fee for this tier would be then be levied against the organisation.
Irrespective of whether there is a charge, it is clear that Data
Protection (Jersey) Law will apply to Charities. Article 27 sets the fines much
lower for not for profit organisations, but it is very clear that fines
can apply.
(3)
An administrative fine ordered against any person whose processing of
data that gave rise to the fine was in the public interest and not for
profit must not exceed £10,000.
GDPR ADVICE FOR LOCAL CHARITIES AND NOT-FOR-PROFIT
I am working with Jersey Community Partnership and
Association of Jersey Charities to possibly set-up a presentation / workshop to
talk about GDPR for local Charities and Not-for-Profit. This will probably be
Tuesday 30th January and I look forward to confirming details in due course.
In the meantime, for January, I have proposed a useful
approach to help local charities might be if organisations pick a question or
topic and I offer general advice on best approach which we can publish and
share with other charities and not-for-profit organisations.
You can email with your question or topic at timhjrogers@gmail.com
CONTACT
TimHJRogers@AdaptConsultingCompany.Com
+447797762051 Skype: timhjrogers TimHJRogers@gmail.com
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