Editorial for 7 September: Data protection bill is sweeping

Just when we thought government was listening to our
collective calls for a reduction in the number of civil servants…

There is a draft of a bill that sets out to create a
government-maintained register of public and private sector workers whose job
involves controlling data in the Cayman Islands and, in certain cases,
elsewhere in the world.

If the Data Protection Bill is approved in the Legislative
Assembly it will amount to a huge undertaking by government and will – if
enacted in a credible manner – require the Cayman Islands Information
Commissioner to hire dozens of people to register data controllers, figure out
what is and isn’t personal information under the law, listen to complaints from
people who believe their personal data has been misused and attend to any court
cases that are surely going to be a result of this legislation.

Firstly, public and private businesses are going to
determine who in their organisations are data controllers or processors – the
people who handle personal information. Does that include the cashier at your
favourite retail outlet who scans your debit or credit card? What about the
receptionist or nurse at your dentist’s or doctor’s office who ask you personal
information about your insurance, health status, payment plans?

Whoever a is deemed to be that data controller will have to
be registered with the government.

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It is unclear what exactly passage of the new bill will mean
to businesses financially, but there will surely be some expense involved.

Under the draft bill, the commissioner’s office is allowed
to charge a fee for maintenance of the data controller register. Office members
have expressed their reluctance to charge such a fee.

Frankly, we don’t see how it can be avoided and the people
hired to attend it be paid.

The vague and sweeping draft Data Protection Bill has been
put out for public comment until 2 November.

We encourage everyone to read it and get as much information
on the matter as they can.

The ramifications are mind boggling.

 

2 COMMENTS

  1. Almost every piece of new legislation that government introduces, means guess what, yes more costs in staff and resources.

    Constitution, Public Finance law, Public service Law, FOI, Builders Bill, Data protection etc.

    The more we ask of our MLA’s (get to work in the LA) the more ideas they will come up with to make themselves appear to be doing something.

    What always amazes me is that we then seem incredulous that costs to run government continue to go up!!

    MOTION: Every new law should come with an proper estimate of ongoing costs attached to it before it is debated in the LA. So should any capital project.

    Can i have a seconder for the MOtion?