Data protection keeps ombudsman busy

| 27/01/2021 | 21 Comments

(CNS): Data protection issues, from raising awareness to dealing with complaints about potential breaches of the law, are now dominating the work of the Office of the Ombudsman. In a press release marking International Data Protection Day, Ombudsman Sandy Hermiston revealed that in the fifteen months since the law came into effect on 30 September 2019, this area is one of the office’s busiest, fuelled in part by the recent move online for many areas of business in Cayman as a result of the pandemic.

“With the Data Protection Law just more than a year old, we are seeing high levels of interest from businesses and organisations in the new legislation.” Hermiston said. “Raising awareness of data protection issues, as well as investigating complaints and data breaches, have become one of the busiest areas for our office over the past year, particularly with the onset of COVID-19 as more daily business moves online.”

The DPL requires personal data breaches to be reported to the Ombudsman and the affected data subjects. The most common data breach notifications involve instances where emails containing personal data have been inadvertently sent to unintended recipients.

The Data Protection Law contains important rights for individuals, including the right to be informed about how personal data is being used. Individuals also have the right to request corrections to inaccurate personal data, to object to direct marketing and to request access to their personal data. The DPL also sets rules for the use of personal data by public and private sector organisations based on eight core principles.

Those include fairness, adequacy, retention and security of personal data processing, among other requirements.

The Office of the Ombudsman is tasked with oversight and enforcement of the DPL. Individuals have the right to complain to the ombudsman if they believe their data is not being processed legally or fairly for investigation under the DPL.

Visit the Office of the Ombudsman website for more information, including FAQs, guidance and other resources to help people understand thier data protection rights and obligations.

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Category: Politics, Private Sector Oversight

Comments (21)

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  1. Anonymous says:

    I am an attorney, who feels that my phone calls are being intercepted, by unwarranted phone tapping from time-to-time. That’s why I try to keep as much dialogue with clients face-to-face, which relates to confidential or sensitive information, because I do have a suspicion that CIG does not respect our privacy rights (as enshrined in section 9 of our Bill of Rights). Has anyone else been suspicious that their phone calls and electronic communications are being intercepted unlawfully by CIG?

  2. Anonymous says:

    In the Cayman Islands, the Auditor General, Ombudsman, RCMP FCU, SIPL Committee – are all deliberately under-resourced agencies…and barely a mention of that critical underlying fact which denotes systemic corruption. Is anyone running on a platform to properly resource these agencies? Nope.

  3. Anonymous says:

    What ever happened to the police gor releasing police reports to the wrong persons for months on end?

  4. Anonymous says:

    How does the Data Protection Law square with CIG’s internal policy of deleting emails after 1 year, and all evidence after 6? That investigative discontinuity seems like low fruit.

    • Anonymous says:

      The National Archives Law dictates what needs to be kept and for how long…I highly doubt they do any enforcement!

  5. Anonymous says:

    So many meaningful investigations the Ombudsman can do under DPL but Sandy was hired not to ruffle feathers and that’s what she intends to do.

    She could immediately investigate:
    – New National ID Card privacy protections (or lack thereof)
    – Licence plate scanning system and lack of authority to store your vehicle travel hitory through the different scanner locations on island…forever!
    – Cayman Marl Road and comments posted on stories and the website and on FB
    – rampant illegal video surveillance in the work place, government and private
    – how about auditing police officer access to their own criminal investigation and records database? Officers leak info daily to shady lawyers, freinds, family and neighbours.

    The list goes on and on. They say if people complain they will investigate but they totally have the power to do PROACTIVE investigations. Its all a very laissez-faire attitude…sorry, I meant a don’t rock the boat attitude.

  6. Dottie Parker says:

    The Ombudsman’s office is useless for FOI and maladministration as they can only make recommendations and not actually implement or force any worthwhile change in the “world class”
    civil service.

    I had an issue with WORC recently as a decision was made and when I asked whether this decision was based in law or regulations, I was advised that it was based on ‘policy’.

    This is sadly hilarious because I have an ongoing appeal with the Ombudsman’s office as I requested copies of WORC’s policies last year and have yet to receive all of them. Specifically, I have yet to receive any policies in relation to to the rules for posting job adverts on JobsCayman.

    Apparently, I’m just supposed to be reassured by the Ombudsman that I received “all the policies that WORC has”. What a XXXX joke.

    Guess what? There were no policies released about JobsCayman and no one will be held accountable for making decisions based on policies that don’t exist.

    Jeremy Scott will probably be DG one day, because useless XXXXX Caymanian men only seem to fail up.

    Also, Sandy, what’s up with Sharon? Or are you trying to hold the government accountable while acting super shady as well?

    • Anonymous says:

      There are policies? I was told there are none. Which is it?

    • Anonymous says:

      So a decision was made and it impacted you, so you asked for the reason for the decision and they said ‘policy’. You FOId and there was no policy.

      So they just made whatever decision on a total whim using subjective and unwritten ‘policies’.

      You have a right to be mad! I am mad for you now!

      • Anonymous says:

        And Sandy smiles and encourages everyone to do better, the Governor grins and proclaims our highest standards of good governance.

        Meanwhile, as everyone actually working in the arena knows, an unadulterated shit- show continues, just out of view.

  7. Anonymous says:

    When are you actually going to enforce anything, Sandy?

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