A two month consultation period has just opened for members of the public to provide comments on draft legislation that will regulate the collection and use of personal data by all businesses, organisations and government entities and also grant new individual rights for people to access their own personal information and have more control over how it is used.

The draft Data Protection Bill 2012 aims to provide meaningful legal protection of individual rights without being overly-bureaucratic. The Data Protection Working Group, whose members are drawn from both public and private sector organisations, has worked diligently to ensure that implementation will not be burdensome on Government or the private sector while promoting best practices.

The collection and use of personal data is essential to the functioning of modern society. While many businesses and organisations will already be in compliance with many provisions of the proposed legislation, the draft Bill seeks to provide a minimum standard for protection of personal data. The scope of the draft Bill is quite broad, with exemptions in the public interest or for the protection of other rights and freedoms.

Chairman David Archbold, from the Information and Communications Technology Authority, believes the proposed legislation will have tangible benefits for the Cayman Islands and be an effective tool to advance the right to privacy. He urges all members of the public as well as companies, professional associations and civil society groups to become familiar with the proposals and provide feedback.

Mr. Archbold explained, “Data Protection affects everyone and the Working Group seeks to present a comprehensive Bill to Cabinet that suits the needs of the Cayman Islands while meeting international standards. Some practical issues and implications have already been identified but we are very interested in hearing from individuals and specific business sectors that expect any additional areas will be particularly challenging.”

The Working Group will be making recommendations for implementation, including identifying challenges for compliance and developing and promoting solutions. Where possible, guidance may be issued on general requirements and also to address the needs of specific businesses, sectors and public authorities.

The draft Data Protection Bill 2012 and accompanying consultation paper are available at www.dataprotection.ky and in hard copy from the Government Administration Building at 133 Elgin Avenue.

Members of the public are asked to provide comments by Friday, 2 November 2012 and can call 244 3607 for more information.