On 30th November, 2021 the Government of Jamaica, through its publication in the Jamaica Gazette, enacted sections 2,4, 56, 57, 60, 66, 74 and 77, and the First Schedule, of the Data Protection Act 2020 with an operative date of the 1st December 2021. A week later, it was reported via local news outlets, that the Governor General had also appointed an Information Commissioner – Ms. Celia Barclay, also with an effective date of 1st December 2021. These developments have the primary effect of:
The Office of the Information Commissioner
The sections of the act brought into operation with the gazette notice, primarily apply to the establishment of the role and office of the Information Commissioner. With these enactments, the duties & responsibilities of the Commissioner are now operational. In particular, the Commissioner is to establish procedures and make regulations to give effect to the provisions of the act and create a data sharing code after consultation with industry stakeholders. Additionally, the published notice officially conferred to the Commissioner the duty to prepare reports & guidelines for parliament; to adhere to regulations for international co-operation; and to maintain confidentiality of information in her role. The newly appointed Information Commissioner, Ms. Celia Barclay brings to her role a wealth of legal & regulatory experience with over fourteen years at the bar and over seven years in public service.
Commencement of Transitionary Period for Data Controllers
The Act directs controllers to take all necessary measures to ensure compliance with the provisions of the Act and the standards articulated therein for a period of two years after the earliest date of enactment. For this transitionary period, no proceedings may be taken against a data controller for any processing done in good faith. Data controllers now therefore have until 30th November 2023 to reform their data processing practices to ensure that the comply with the provisions of the Data Protection Act.
Immediately Effective Standards & Obligations
As of the earliest effective date of the Act, being December 1st 2021, any personal data that is held in a way that:
shall be subject to certain obligations under the Act. In particular, any such data must adhere to the following data standards in accordance with the Act:
In addition to this, Controllers processing the data falling within this category are required to:
Notwithstanding this enactment, without the establishment and structure of a formal registration process within the Office of the Information Commissioner, it is unlikely these provisions will be immediately enforced. Moreover, where a data controller can demonstrate that he has been processing data in good faith during this transitionary period no proceedings may be brought against him under the Act.
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