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Cayman Islands: Ombudsman issues further guidance on monetary penalty order methodology

The Office of the Ombudsman ('the Ombudsman') issued, on 3 September 2021, its guidance on the monetary penalty order ('MPO')  methodology. In particular, the guidance notes that Section 55 of the Data Protection Act (2021 Revision) ('the Law') grants the Ombudsman the power to issue a MPO not exceeding $250,000, and that in accordance with Section 56 of the Law, additional guidance on MPOs was developed which lists factors for evaluating whether the Ombudsman should impose an MPO, and factors for determining the amount of the penalty. Specifically, the guidance highlights that the Ombudsman uses two additional tools to assist in the evaluation and determination of an MPO, a breach severity assessment tool, and a matrix for monetary penalty calculation. As such, this guidance seeks to explain these two additional tools.

You can read the guidance here.