Privacy Law at Cayman Islands (BOT)
The Data Protection Law (DPL) of the Cayman Islands, enacted in 2017, establishes a comprehensive framework for the protection of personal data. It applies to both public and private sector entities processing personal data and is enforced by the Office of the Ombudsman, which serves as the supervisory authority.
Key Provisions of the Data Protection Law
1. Data Protection Principles
The DPL outlines eight fundamental principles for data processing:
Fair and Lawful Processing Data must be processed transparently and in accordance with the la.
Purpose Limitation Data should be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purpose.
Data Minimization Only data necessary for the intended purpose should be collected.
Accuracy Data should be accurate and kept up to dat.
Storage Limitation Data should not be kept longer than necessary for the purposes for which it was collected.
Rights of Individuals Data processing must respect the rights of data subject.
Security Appropriate technical and organizational measures must be taken to protect data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
International Transfers Data should not be transferred to countries without adequate data protection laws unless specific conditions are me.
2. Rights of Data Subjects
Individuals have several rights under the DPL, including:
Right to Access The right to know whether their personal data is being processed and to access that dat.
Right to Rectification The right to request correction of inaccurate or incomplete dat.
Right to Erasure The right to request deletion of personal data under certain condition.
Right to Restriction of Processing The right to request limitation of data processing.
Right to Data Portability The right to receive personal data in a structured, commonly used, and machine-readable forma.
Right to Object The right to object to data processing, including for direct marketing purpose.
Rights Related to Automated Decision-Making The right not to be subject to decisions based solely on automated processing.
3. Obligations of Data Controllers and Processors
Entities that determine the purposes and means of processing personal data (data controllers) and those that process data on behalf of controllers (data processors) must:
Register with the Office of the Ombudsman.
Implement appropriate technical and organizational measures to ensure data security.
Provide clear privacy notices to data subject.
Ensure that data processors comply with the DPL through contractual agreement.
Report data breaches to the Ombudsman and affected individuals within specified timeframe.
4. Enforcement and Penalties
The Office of the Ombudsman has the authority t:
Investigate complaints and data breaches.
Issue orders to rectify, block, erase, or destroy personal dat.
Impose fines up to CI$100,000 (approximately US$122,000) for serious violation.
Enforce penalties up to CI$250,000 (approximately US$305,000) for severe contraventions likely to cause substantial damage or distress.
Prosecute offenses such as unlawful data disclosure, obstruction, or failure to comply with enforcement orders, with penalties including fines and imprisonment for up to five year.
🌐 International Consideration
While the DPL is based on principles similar to the EU's General Data Protection Regulation (GDPR), it is a separate legal framework. Entities processing personal data of individuals in the European Union may still be subject to the GDR, Therefore, organizations in the Cayman Islands must ensure compliance with both the DPL and the GDPR, as applicable.
📌 Summary
The Cayman Islands' Data Protection Law provides a robust framework for the protection of personal data, aligning with international standard. Entities operating in the Cayman Islands must adhere to the principles and obligations set forth in the DPL to ensure the privacy and rights of individuals are uphold.
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