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Jamaica

Summary

Law: A bill for the Data Protection Act ('the Act) has been passed by both the House of Representatives and the Senate of Jamaica. Some provisions have taken operation, but the Act is yet to take full effect.

Regulator: The Jamaica Information Commissioner ('the Commissioner'). 

Summary: Article 13(3)(j) of the Constitution of Jamaica protects the right to privacy. Additionally, the Act includes extensive obligations for organisations, including requirements for organisations to, among other things, notify the Commissioner and register their processing activities, implement security measures to safeguard information they hold, and appoint data protection officers in certain cases. The bill for the Act passed the House of Representatives of Jamaica on 19 May 2020, before the Jamaica Senate likewise passed the bill on 12 June 2020. The Act needs to be signed into law by the Governor-General and published in the Jamaica Gazette before it enters into effect. However, on 30 November 2021, Sections 2, 4, 56, 57, 60, 66, 74, 77, and the First Schedule of the Act became operational through the publication of Jamaica Gazette Supplement No. 160 of Volume CXLIV of 30 November 2021. The aforementioned provisions mostly providing for, among other things, administrative procedures in relation to the Commissioner, the issuance of regulations, and administrative provisions.

Furthermore, sectoral legislation in Jamaica regulates matters in relation to telecommunications, banking, cybersecurity, and consumer protection.

Insights

A new data protection regime awaits Jamaica after the bill for the Data Protection Act, 2020 ('the Act') passed both houses of Parliament. Following passage, the bill needs to be signed into law by the Governor-General and published in the Jamaica Gazette before entering into full effect. However, in late 2021, there was a sharp increase in activity with the Act after the publication of a regulatory instrument, which operationalised some Sections of the law, beginning a transitionary period. Kellye-Rae Fisher Campbell, Attorney at Law and Director of BookFusion Limited, discusses these recent developments and outlines what to expect from the Jamaican legislation moving forward.

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