JAMAICA Law and Practice Contributed by: Samantha Moore, Marc Ramsay and Chantelle Biersay, Ramsay & Partners
• Storage limitation: Personal data must not be kept for longer than is necessary and must be dis - posed of in accordance with any regulations (once passed) under the DPA. • Rights of data subject: Personal data must be processed in accordance with the rights of the data subject; • Implementation of technical and organisational measures: Personal data must be protected using appropriate technical and organisational measures so as to prevent unauthorised or unlawful process - ing of the data as well as any accidental loss or destruction of, or damage to, the data. • Cross-border transfers: Personal data must not be transferred to a State or territory outside of Jamaica unless that State or territory ensures an adequate level of protection for the rights and freedoms of the data subjects in relation to the processing of personal data. Conditions for Processing Personal Data The DPA stipulates that personal data must not be processed unless at least one of the following condi - tions has been met: • the data subject has consented to the processing and has not withdrawn that consent; • the processing is necessary (i) for the performance of a contract to which the data subject is a party; or (ii) for the taking of steps at the request of the data subject with a view to entering into a contract; • the processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract; • the processing is necessary in order to protect the vital interests of the data subject; • the processing is necessary (i) for the administra - tion of justice; (ii) for the exercise of any functions conferred by or under any enactment; or (iii) for the exercise of any other functions of a public nature exercised in the public interest; • the processing is necessary for the purposes of legitimate interests pursued by the data controller or by any third party to whom the personal data is disclosed, except where the processing is unwar - ranted in any particular case by reason of prejudice
to the rights and freedoms or legitimate interests of the data subject; or • the data subject has published the personal data concerned. Data Subject Rights Right to be informed/right to access A data subject has the right to be informed of wheth - er his/her personal data is being processed by or on behalf of the data controller, and if so, he/she has the right to be provided with: • a description of the personal data; • the purposes for which the data is being pro - cessed; and • the recipients to whom the disclosure is made. Right to rectification A data subject has the right to request that the data controller rectify any inaccuracy in his/her personal data which is in the data controller’s possession or control. For the purposes of the DPA, the term “rectify” means to amend, block, erase or destroy and the term “inaccuracy” includes any error or omission. The right to prevent processing A data subject has the right to prevent the processing of his/her personal data in specified circumstances such as: • where the processingis likely to cause substantial damage or substantial distress to the data subject or to another person and where the damage or distress caused or likely to be caused (as the case may be) is unwarranted; • where the processing of the data is incomplete or irrelevant; • where the processing of the data is prohibited by law; or • where the data has been retained by the data con - troller for a period longer than required by law. The right to prevent processing for direct marketing purposes A data subject has the right to prevent the process - ing of his/her personal data for the purposes of direct marketing unless the data subject gives his/her con - sent or is a customer of the data controller.
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