The Jamaica Data Protection Act 2020 (Act No. 7 of 2020) is Jamaica's first comprehensive data protection legislation passed by the Jamaican Parliament 16 June 2020 + assented to by the Governor-General 30 June 2020 + published in the Gazette 1 July 2020. The Act establishes a comprehensive framework for the processing of personal data + creates the Office of the Information Commissioner (OIC) + and aligns Jamaica with international data protection standards modelled significantly on the EU GDPR + UK DPA 2018 + Caribbean Community CARICOM model. (1) Section 1 Short Title and Commencement: (a) the Act is cited as the Data Protection Act 2020; (b) commencement in phases - Partial Commencement 1 December 2021 (registration provisions + functions of the Commission) + 1 December 2022 (limited transition for data processing); (c) MANDATORY COMPLIANCE DATE 1 December 2023 - all data controllers + processors must be fully compliant; (d) extended grace period for full enforcement 1 December 2024 in some sectors. (2) Section 2 Interpretation - Definitions: (a) Personal Data - information relating to an identified or identifiable living individual + including biometric + genetic + health + ethnic + political + religious + sexual orientation; (b) Sensitive Personal Data per Section 5 (special categories) - genetic + biometric + health + racial + ethnic origin + political + religious + philosophical + trade union + sex life + sexual orientation + criminal convictions + commission of offence; (c) Data Subject - identified or identifiable individual; (d) Data Controller - person who alone or jointly with others determines purposes and means of processing; (e) Data Processor - person who processes personal data on behalf of controller; (f) Processing - operations performed on personal data including collection + recording + organisation + structuring + storage + adaptation + retrieval + consultation + use + disclosure + dissemination + alignment + restriction + erasure + destruction; (g) Consent - any freely given specific informed and unambiguous indication of wishes; (h) Personal Data Breach - breach of security leading to accidental or unlawful destruction + loss + alteration + unauthorised disclosure or access. (3) Section 3 Scope and Application: (a) Material Scope - applies to all processing of personal data wholly or partly by automated means or non-automated forming or intended to form part of a filing system; (b) Territorial Scope - extends to (i) processing in the context of activities of a data controller or processor established in Jamaica; (ii) processing of personal data of data subjects who are in Jamaica by data controller or processor not established in Jamaica where processing is related to (a) offering of goods or services to such data subjects in Jamaica (irrespective of payment); (b) monitoring of behaviour of data subjects in Jamaica; (c) Excluded Activities - (i) processing by individuals in the course of purely personal or household activity; (ii) processing necessary for journalistic + literary + artistic purposes in public interest. (4) Section 4 Exemptions: (a) National Security - protection of national security + defence + public safety; (b) Crime Prevention + Detection + Prosecution; (c) Tax Administration + Revenue Collection; (d) Health + Social Welfare + Public Sector functions; (e) Legal Privilege + Judicial Proceedings; (f) Research + Statistics + Archival (subject to safeguards); (g) Regulatory Activities. Coordinates with EU GDPR Regulation 2016/679 (significant alignment) + UK DPA 2018 + Caribbean Community (CARICOM) Model Bill on Data Protection + Jamaica Constitution Charter of Fundamental Rights and Freedoms 2011 Section 13(3)(j) Right to Privacy + Jamaica Access to Information Act 2002 + Jamaica Computer Misuse Act 2010 + Jamaica Cybercrimes Act 2010 + Jamaica Electronic Transactions Act 2006 + Jamaica Telecommunications Act 2000 + Jamaica Banking Services Act 2014 (banking confidentiality) + Jamaica Insurance Act + Bank of Jamaica + Financial Services Commission (FSC) + Convention 108+ Modernised Council of Europe + UN Guidelines for Personal Data (2018). Jamaica Data Protection Act 2020 Scope + Application + Sections 1-3 + Commencement apply.
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