The Data Protection Act and Citizens’ Rights

The Data Protection Act (DPA) was passed in Parliament in 2020 and became effective December 2023. The regulations serve as a guideline for the lawful handling of personal data and the protection of information, to safeguard the rights and privacy of individuals.

Safeguarding Personal Data

‘Personal data’ is defined by the DPA as any information that can be used to identify an individual. It includes race, gender, photograph or other facial image, fingerprint, footprint, retina scan, blood type, height, eye colour, signature, voice recognition, physical or mental health condition, membership in social clubs, political opinions, religious beliefs, criminal records, etc. Any such information must be handled in compliance with the standards outlined in the DPA.

Consent and Right of Access to Personal Data

Personal Data is now more accessible than before, as it can be transmitted with a simple click, a swipe or a tap. A data controller – any person or public authority which determines the purposes for the which data is used – shall not process personal data without the consent of the individual to whom the data belongs (data subject). A data subject’s consent must be sought, obtained and recorded; consent can be withdrawn at any time.

The DPA outlines a person’s right to determine if and how their personal data is used.
An individual is entitled to know, free of charge:

• whether personal data is being processed and a description of the data
• the purposes for which the personal data is being used
• the intended recipients of the data.

For additional information, contact:

The Office of the Information Commissioner
Address: Masonic Building, 2nd Floor, 45-47 Barbados Avenue, Kingston 5
Website: https://oic.gov.jm
Email: info@oic.gov.jm
Phone: 876-920-4390
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