Business
Jamaica Data Privacy Law: Registration Requirements and Compliance Challenges
The Jamaica data privacy law mandates registration of data processing activities, enforced by the Jamaican Data Privacy Authority. Compliance focus shifts to include cybersecurity, data privacy, and corporate governance beyond Anti-Money Laundering.
5 min read
Originally published by barbadostoday.bb (opens in new tab)
Come next month, the Jamaica data privacy law comes into force, requiring the registration of data processing activities. Although the law has been in place for a few years, it will now be actively monitored and policed by the Jamaican Data Privacy Authority. Amazingly, it seems to have caught several people and businesses off guard, which is ironic given that the government has been telegraphing their intentions for some time. Under this law, data controllers (entities legally authorized to determine how personally identifiable information should be processed) and data processors (businesses who process such data on behalf of controllers) must register by this time or find themselves in breach of the law.
Given the prompt reaction by businesses regarding compliance and regulations pertaining to finance, I began to think about what compliance means in an increasingly data-driven world. Reflecting on the current iteration of the Barbados Association of Compliance Professionals, one gets the sense that the focus is predominantly on Anti-Money Laundering (AML). This perspective is especially evident given the association’s inception on April 8, 2013. It comprises compliance and other relevant professionals from various sectors, including supervision, banking, finance, corporate and trust services, legal services, and non-traditional business services with regulatory obligations under Barbadian law. The composition of the board may reflect a cultural aspect that hasn’t evolved, considering its historical context, which has primarily focused on financial crimes where AML has been given the spotlight.
So, at a minimum, what should the composition of the region’s compliance regimes be? It’s clear that we need to demonstrate a view beyond AML as the most valued or revered discipline. We should also embrace cybersecurity, data privacy, and, of course, corporate governance—areas in which we’re seeing many fall short.
In 2022, Dr Gene Leon, president of the Caribbean Development Bank (CDB), spoke at the Caribbean Conference on Corruption, Compliance, and Cybercrime. Dr Leon emphasised the importance of good governance and compliance frameworks for the sustainable development of the Caribbean. In his opening statement, he said: “Effective compliance and governance are essential to build resilient economies that can withstand the challenges posed by financial crimes and cyber threats.”
At this point, Caribbean regional compliance associations should be fleshing out and giving leadership to the emerging regulated disciplines of cybersecurity, data privacy, and corporate governance. These are critical areas where we’re seeing many deficiencies. Given that most countries across the region have data privacy laws and a growing number of cyberattacks on government and critical infrastructure entities, it’s imperative to adapt.
