Information Commissioner proposes new funding model

Monday 13 May 2019

The authority responsible for protecting and promoting islanders' right to privacy is proposing a new funding model which it says will ensure its independence from government.

The Information Commissioner, Dr Jay Fedorak (pictured), has brought forward proposals that would see the majority of his office's revenue coming from registration fees.

If implemented, the new fees would range from a minimum of £70 to a maximum of £2,500 per year, depending on the size of each business or organisation.

Dr Fedorak has presented a consultation paper to the States Assembly, and is now seeking the views of registered data 'Controllers' and 'Processors' on the proposed changes.

Pictured: Dr Fedorak has presented a consultation paper to the States Assembly.

The consultation paper noted that, given the need to increase fee revenue, it will be "unavoidable" for most Controllers to pay more than the current £50. However, some Controllers who currently pay the fee may be exempt from paying a fee under the new system.

The precise rates for each Controller will "reflect risk, fairness and ability to pay," the office assured. "We have tried to ensure that nobody will suffer financial hardship or pay a disproportionate share."

Dr Fedorak explained: “It is an essential element of the GDPR that the supervisory authority act with complete independence, remain free from external influence of any kind and take instruction from nobody. This is because the main purpose of the GDPR is to restore public trust in how public authorities and businesses manage personal data.

"The public needs to have confidence that we will enforce the law adequately, fairly and without bias. For the regulator to be credible to the public, it must be seen to be free of any incentive to take sides in any case. The regulator requires a reputation for integrity, which it earns by ensuring that the public believes that it bases all of its decisions solely on its professional knowledge and expertise in the requirements of the law.”