JAMAICA Law and Practice Contributed by: Samantha Moore, Marc Ramsay and Chantelle Biersay, Ramsay & Partners
5. International Considerations 5.1 Restrictions on International Data Transfers
• the transfer is necessary for reasons of substantial public interest; • the transfer; (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 purpose of es - tablishing, exercising or defending legal rights; • the transfer is necessary in order to protect the vital interests of the data subject; • the transfer is part of the personal data on a public register and any conditions subject to which the register is open to inspection are complied with by any person to whom the personal data is or may be disclosed after the transfer; • the transfer is made on terms (which may include contractual terms) that are of a kind approved by the Information Commissioner as ensuring ade - quate safeguards for the rights and freedoms of data subjects; • the transfer has been authorised by the Information Commissioner as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects; or • the transfer is necessary for the purposes of national security or the prevention, detection or investigation of crime. 5.2 Government Notifications and Approvals There are no registrations, filings or approvals from authorities required for international transfers. 5.3 Data Localisation Requirements There are no data localisation or residency obligations No blocking or foreign-judgment control rules restrict foreign discovery, sanctions compliance or cross- border disclosures. 5.5 Recent Developments There have not been any recent developments in the regulation of the international transfer of personal data. by sector or data category. 5.4 Blocking Statutes
The DPA stipulates that 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 data sub - jects in relation to the processing of personal data. The DPA further stipulates that with respect to cross- border transfers, the data controller must take into account the following: • the nature of the personal data; • the State or territory of origin of the information contained in the personal data; • the State or territory of final destination of that information; • the purposes for which and the period during which the personal data is intended to be pro - cessed; • the law in force in the State or territory in question; • the international obligations of that State or terri - tory; • any relevant codes of conduct or other rules which are enforceable in that State or territory (whether generally or by arrangement in particular cases); and • any security measures taken in respect of the per - sonal data in that State or territory. The restrictions on cross-border transfers do not apply in the following circumstances: • the data subject consents to the transfer; • the transfer is necessary: (a) for the performance of a contract between the data subject and the data controller; or (b) for the taking of steps at the request of the data subject with a view to the data subject entering into a contract with the data controller; • the transfer is necessary for the conclusion or per - formance of a contract, between the data controller and a person other than the data subject, which: (a) is entered into at the request of the data sub - ject; (b) is in the interests of the data subject;
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