On
Sept. 30, 2019, the Cayman Islands Data Protection Law (“the Law”)
came into force. The Law sets out specific protections for
individuals against the misuse of their personal data. Information
about a person’s health is “sensitive personal data” and is
subject to more stringent controls and scrutiny.

Individuals
who decide how to use personal data (data controllers) must ensure
that it is only used for proper purposes, for example, treating a
patient at the hospital. Any medical or administrative staff
members who release sensitive personal data to people and who are not
authorised to do so can be guilty of an offence under the Law and
liable on conviction to a fine of up to $100,000. In addition,
releasing such information could violate other Cayman Islands laws
relating to defamation, harassment or incitement. 

The
Data Protection Law may also apply to private citizens who disclose
information about another person’s health, such as whether they
have COVID-19. The Ombudsman warns against disclosing any such
information as it could result in the same penalties outlined above.
 

If
any such incidents occur, individuals may make a complaint to our
office by calling 946-6283 or emailing info@ombudsman.ky.
If you have any questions, please feel free to contact us.

More
information about Data Protection can be found on our website:
https://ombudsman.ky