Jamaicans urged to know their data rights

KINGSTON, Jamaica — Jamaican citizens possess enforceable legal entitlements to ascertain what personal data entities maintain about them, according to recent clarifications from the Office of the Information Commissioner (OIC). This right is enshrined in the nation’s Data Protection Act and its complementary Data Protection Regulations of 2024.

Andree Holness, Director of Complaints Resolution and Compliance at the OIC, emphasized that while individuals may seek comprehensive disclosure of information retained about them, the legislation establishes a formalized procedure for submitting such inquiries. “The framework mandates a specific request mechanism—designated as Form Two—which explicitly delineates the categories of information that a data subject can legally demand from a data controller,” Holness stated during a recent installment of the Jamaica Information Service’s ‘Get the Facts’ series.

The scope of accessible information encompasses numerous dimensions, including the specific types of personal data stored, the purposes for which it undergoes processing, and whether it is disseminated to third parties as part of these operations. Holness further detailed that Sections 6 through 8 of the Data Protection Act, in conjunction with Part V and the Second Schedule, provide explicit guidelines governing the manner and circumstances under which access to personal data must be granted.

Significantly, the definition of personal data under the act extends beyond fundamental identifiers such as names and birth dates to include opinions formed and decisions rendered about individuals. This broad interpretation ensures greater transparency in how personal information is utilized across various sectors.

The OIC continues its initiatives to promote public awareness and adherence to the Data Protection Act, underscoring the shared responsibility of both individuals and organizations in protecting sensitive personal information against misuse and ensuring privacy rights are upheld.