Most Important Steps for Data Compliance in Jamaica

The Jamaican government has taken important steps toward data security and protection to stay both compliant and competitive with global data security standards. The stringent General Data Protection Regulation (GDPR) of the European Union is forcing many countries around the world to maintain the same high standards to keep local businesses competitive in a global market. The effort to protect the privacy of all citizens also creates many challenges for small to medium-sized companies to remain compliant. This article will examine Jamaica’s privacy laws and provide guidance on how to remain compliant.

What is the Data Protection Act?

In 2020, the Jamaican government enacted the Data Protection Act (DPA) to regulate the collection, use, disclosure, and processing of all personal data in Jamaica. The goal is to ensure transparency at all levels of personal data collection, and those who have their data collected have the right to consent to how the data is used. 

Key Provisions

One of the key provisions of the DPA is the requirement for data controllers to appoint a Data Protection Officer (DPO). This individual is responsible for ensuring that the organization complies with the DPA and other data protection laws. The DPO is also responsible for investigating any complaints of data breaches or violations of the DPA. Even educational institutions are urged to appoint a DPO to ensure compliance in the collection of personal data from students and educators. 

Appropriate Internal Policies

Under the DPA, organizations and businesses are expected to utilize relevant technological systems and policies to maintain compliance. This includes policies on how to obtain consent and notify anyone affected by potential data breaches. Tools like data encryption, limiting access, and backup systems may assist in compliance measures. The DPA also provides data subjects the right to request their personal data, make corrections, and request to have their data erased. Setting up internal policies that properly organize and maintain this data will make it easier to comply with these provisions.

However, these technologies are only as effective as those who use them. Creating personnel training programs to inform both employees and stakeholders about ways they can improve their data protection and be mindful of common hacking and phishing schemes can provide even more effective data protection.

Conclusion

Jamaica's Information Commissioner's Office (ICO) is responsible for enforcing the DPA. Failure to comply with the provisions of the DPA may result in a complaint to the ICO, which will investigate data breaches or potential violations. At Ramsay & Partners, our firm is dedicated to aiding both established businesses and startups with compliance and establishing a strong foundation for a successful future. If you would like to schedule a consultation with Samantha Moore, who is a Certified Information Privacy Professional/Europe (CIPP/E), fill out a contact form today.