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Cayman Islands: Ombudsman issues order against supermarket following subject access request

The Cayman Islands Ombudsman released, on 22 September 2021, its enforcement order for Foster's Supermarket concerning a subject access request by the complainant who was a job applicant. In particular, the order details that the complainant had submitted a subject access request under the Data Protection Act (2021 Revision) for copies of all information held in relation to the job application, including all correspondence with previous employers, but was supplied information containing several redactions, which included names of Foster's staff and individuals from other companies who had supplied references. In addition, the complainant had stated that these redactions were not necessary, and that as the complainant was not told that references would be collected prior to any interview, and it was unclear who would be contacted for references, there was a data security concern as the individual's data was exposed to more people than necessary. 

In this regard, the order notes that none of the redactions could be supported, and Foster's was required to disclose the remaining information in full. Additionally, the order recommends that Foster's draft a more comprehensive privacy notice relating to their recruitment process, to explain to applicants how their personal data would be used, and to consider changing their practice relating to employment references so that they ask for a named individual contact for reference requests. 

You can read the order here.

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