JAMAICA Law and Practice Contributed by: Samantha Moore, Marc Ramsay and Chantelle Biersay, Ramsay & Partners
exhausted all reasonable efforts to obtain that consent; or (b) in order to protect the vital interests of another individual, in any case where consent by or on behalf of the data subject has been unreason - ably withheld; • the processing: (a) is carried out in the course of legitimate actions by any body or association which: (i) is not established or conducted for profit; and (ii) exists for political, philosophical, religious or trade-union purposes; (b) is carried out with appropriate safeguards for the rights and freedoms of data subjects; (c) relates only to individuals who either are mem- bers of the body or association or have regular contact with it in connection with its purposes; and (d) does not involve disclosure of personal data to a third party without the consent of the data subject; • the information contained in the personal data has been made public as a result of steps deliberately taken by the data subject; • the processing: (a) is necessary for the purpose of, or in con - nection with, any legal proceedings (including prospective legal proceedings); (b) is necessary for the purpose of obtaining legal advice; or (c) is otherwise necessary for the purposes of es - tablishing, exercising or defending legal rights; • the processing is necessary for: (a) the administration of justice; or (b) the exercise of any functions conferred on any person by or under any enactment; • the processing is: (a) either: (i) the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such organisation; or (ii) any other processing by a person referred to in (i) above or another person of sensi - tive personal data so disclosed; and (b) necessary for the purpose of preventing fraud;
• the processing is necessary for medical purposes and is undertaken by: (a) a health professional; or (b) a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional; or • (a) the processing: (i) is of sensitive personal data consisting of information as to racial or ethnic origin; (ii) is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between individuals of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained; and (iii) is carried out with appro - priate safeguards for the rights and freedoms of data subjects; or (b) the sensitive personal data is processed in circumstances specified in an order made by the relevant Minister. Children’s Data The DPA states that where the personal data being processed belongs to a minor, the rights granted to a data subject under the DPA may be exercised by a parent or legal guardian of the minor, or by the minor in any case where the law recognises the capacity of the minor to act on his/her own behalf. The DPA also stipulates that where consent is required for processing, in the case of a minor, the consent must be given by a parent or legal guardian of the minor, unless the law recognises the capacity of the minor to give consent on his/her own behalf. 1.4 Processing of Personal Data for Research and Development Purposes The DPA is silent with respect to the anonymisation of patient data for the purposes of product development or scientific research. Note, however, that where the personal data is anonymised so that no individual can be person - ally identifiable from the information, the DPA would not be applicable. In those circumstances, the data can be used for product development or scientific research purposes.
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