KINGSTON, Jamaica— Newly minted Information Commissioner Celia Barclay is reminding Jamaicans that while data controllers have a responsibility to protect their information, they too must play a role in protecting their personal data.

“For individuals, what we need is an appreciation of what personal data is, what is necessary in terms of its protection, what their rights are under the Data Protection Act, and certainly, a vigilance on their part to ensure that they are taking steps of their own initiative to protect that data,” Barclay said.

The information commissioner was addressing a Tech Data Privacy panel discussion held in recognition of Data Protection Day on Friday.

Barclay pointed out that as data subjects, people have the right to certain information about their data. 

Importantly, too, data controllers must get people’s consent to collect and process their data, she reiterated. 

“The minister (Floyd Green) spoke about all the forms, for example, that are required from different entities that you may do business with. Sometimes when you look in detail at some of the forms, you will see where persons require various information that you may not know why it is necessary,” she explained. 

“You have the right now to ask questions; why do you need my address? All the information that you are collecting that can, specifically, allow persons to identify you or to make a decision how to treat with me, what is it going to be used for? And that is the type of cultural change that we would like to bring about,” she shared. 

Barclay further advised that her office can intervene in cases where companies fail to provide answers to those questions.

Continuing, she explained, “We recognise that we live in the information age and in a digital age. 

“Ideally, in order for transactions to go through, [and] in order for persons to interact in various spheres, a lot of information necessarily has to pass.

However, what we want to encourage is a greater vigilance as to what passes where and to who,” Barclay indicated.

In the meantime, the attorney-at-law said the information commissioner’s office was established under the Data Protection Act (DPA) as a regulatory body. 

Its mandate, she said, is primarily to “regulate the data protection regime in so far as monitoring the operations of data controllers.”

Additionally, she said the office is also tasked with informing data subjects of their rights and data controllers of their obligations.

The office, also, will advise the Government of Jamaica on matters concerning data protection, so that it can help to guide policies and procedures that are being put in place both for the public sector and private sector. 

“Most importantly, we help to collaborate and cooperate with other international organisations and networks just to ensure that there is consistency between our regime and what obtains in the wider world,” stated Barclay.

She noted that there is a two-year transitional period that is provided in the legislation for data controllers to put their house to comply with the legislation.

“In that same two years, the office will become operationalised and placed in a position to properly implement legislation and its regulatory functions,” the information commissioner outlined.