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Cayman Islands To Update Data Privacy Legislation,
by Phillip Morton, Investors Offshore.com
Tuesday, December 29, 2009
The Cayman Islands government has announced that it is developing legislation
to regulate how personal information is collected and processed by all businesses
and organizations to ensure that data privacy is maintained.
The new law will also ensure that individuals are able to access information
about themselves that is held by government entities and private sector groups.
It will also require that such data is accurate.
A Cabinet-appointed data protection working group
has been meeting to consider a framework wherein such legislation might be introduced.
David Archbold, Chairman from the Information and Communications Technology
Authority (ICTA), has reported that the group is presently reviewing laws from
other jurisdictions that it feels may be relevant to the local situation, and
is developing policy recommendations.
Explaining that data protection mandates a comprehensive, principled approach
to protecting personal data, Archbold commented: "The law will impose requirements
on 'data controllers' to handle personal information fairly and lawfully."
“Personal data may only be collected, used, stored and accessed for specified
purposes, and must always be adequately safeguarded. Data controllers will be
accountable for complying with these principles and liable for breaches, such
as unauthorized use or disclosure," he continued.
In early 2010, the group will submit recommendations to the Cabinet Secretary
and Attorney General for an approach to the introduction of such legislation,
including how best to monitor and enforce compliance. It will also prepare a
paper on key issues for public consultation.
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