Are We Compliant With Data Protection Requirements? - Samantha Moore

Samantha Moore

In the range of security alerts, a “red” alert is usually one level above an “amber” alert. The recent alleged exposure of the personal data of thousands of traveller’s on the Government of Jamaica’s (GOJ) COVID-19 (JAMCOVID) website and app could be considered a “red alert” situation. This has reiterated the need for a robust approach to the way in which personal data is being handled by government entities on a day to day basis, especially as the nation prepares for a national ID system. According to an American online newspaper, TechCrunch, more than 70,000 COVID-19 lab results, over 425,000 immigration documents (including passport information) and more than 440,000 images of traveller’s signatures which were uploaded to the JAMCOVID website and app were left unsecured thereby resulting in unauthorized access.

 

Under the pending Data Protection Act (DPA), government entities are required to ensure that any personal data which comes into their possession must be processed in compliance with certain international standards. One of these standards stipulates that personal data must be protected using appropriate technical and organizational measures to prevent unauthorized or unlawful processing of the data as well as any accidental loss, destruction of, or damage to the data.  For example, there ought to be pseudonymization and encryption of personal data as well as the ability to remotely erase the data in the event of a security breach. Additionally, the DPA imposes a higher standard of protection for government entities who process sensitive personal data i.e. data regarding an individual’s medical records or biometrics. The fact that the personal data stored on the JAMCOVID website and app was allegedly left unsecured and unprotected, may amount to a breach under the DPA. 

The DPA also imposes an obligation on government entities to notify any person whose data has been affected of any security breach. This notification must be done within a reasonable time. It is, however, not clear as to whether the Ministry of Health and Wellness and/or the Ministry of National Security have made any attempt to notify the traveller’s whose personal data may have been affected by the breach.

The fact that a third party was contracted by the Ministry of Health and Wellness and/or the Ministry of National Security to create the JAMCOVID website and app, would not have relieved them of any liability as the DPA stipulates that where an entity engages a subcontractor to process the personal data on its behalf, the entity must ensure that the third party is subject to similar data protection obligations and that they have certain technical and organizational measures in place to safeguard against a security breach. Furthermore, the Ministry of Health and Wellness and/or the Ministry of National Security ought to have taken reasonable steps to ensure that the third party is complying with those measures.

Failure to comply with the provisions under the DPA may result in a government entity being subjected to severe fines and penalties. Additionally, any person who can prove that they have suffered some sort of damage from the breach may be entitled to compensation from the government entity.

Likewise, the European Union’s General Data Protection Regulation (GDPR) imposes a duty on entities who process the personal data of EU citizens to ensure that the data is being processed in a manner that is safe, secure and confidential. In the event that any of the personal data which have been compromised belongs to an EU citizen, the Ministry of Health and Wellness and/or the Ministry of National Security may also find themselves being subjected to heavy fines and penalties under the GDPR. Just recently, Marriott International was found to be in breach of the GDPR due to the negligent exposure of the personal records of approximately 339 million guests and was fined a total sum of £99 million by the UK's data protection regulator.

Although government entities are exempted from being liable to criminal prosecution under the DPA, they are not exempted from civil penalties.  It is therefore important that these entities start adopting a more robust approach to the way in which they handle the personal data of its citizens. It is even more important for the Government to fast track the implementation of the DPA so that Jamaican citizens can have protection against the misuse and mishandling of their personal data.

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Samantha Moore

Partner; Data Protection Consultant

moore@ramsaysmithjm.com

Office: 876-906-2616; 876-906-3402

Mobile: 876-833-0276

Fax:1-833-261-3637

Note: Samantha Moore is a Partner at Ramsay Smith and is a member of the firm's Commercial Department. Samantha may be contacted via moore@ramsaysmithjm.com or www.ramsaysmithjm.com. This article is for general information purposes only and does not constitute legal advice.

 

Support Vernon Derby To Support The People

Satisfying Year Helping Others

Last year was another year that I was able to use my time and talent to assist others. In helping others I found out that I was helping myself also. I have my own problems but when I see the other problems others are facing I gave thanks my small ones. I used the social pages, radio and other media to help many who are having challenges. Sometimes I wonder how much more I could have achieved if I had funding and the support of more persons. One supporter has suggested that I set up a Foundation which could assist to cover the cost of helping others.

Over 5000 Emails and Text Messages Last Year

In 2015, approximately 5000 text messages, emails, and numerous calls were dealt with in helping others. The messages kept coming even during the Christmas holidays.

During an outside broadcast with my producer Antoinette Shakespeare-Dubidad.

Organizations Benefited

Many organizations worked with me to deal with some dificult challenges that they were facing. I also assisted them in achieving some of their objectives.

Lady Prevented From Committing Suicide

There are numerous others things that I have been able to deal with such as assisting to organize persons to get their roads fixed, getting broken NWC mains fixed, getting street lights replaced and making contact with MPs to have them give us information about the challenges in their constituencies.

One lady told me that because of something that I highighted,, she had her busband check with the doctor and that action probably saved his life. I can't forget that lady who text me and told me that she was feeling depressed and that she was about to commit suicide. With the help of the police and persons from Bellview that suicide was prevented.

Guest Speaker at a Lions Club meeting.

Helping Workers

I have been able to assist workers who were having challenges with management and I believe that my intervention helped to prevent unrest at these work places.

Bullying

There are the sad stories of for example, the child who was constantly being bullied at school and his problems being ignored by the teachers and administration at the school. I worked hard to get him transfered to another school and he is now doing better.

The Influence Is Growing

One person said to me that she threated a business man that she was going to report a matter to me and the business man had the matter resolved immediately.

We really need to have a powerful organization which can stand up and defend citizens and consumers. My supporters have suggested that now is the time that form that organization. Your help and support will be needed.

I also felt honoured when I was asked by Cabinet Office to act as a Judge for the Public Sector Customer Service Competition last year.

I Need Your Continued Support

You can give your support by inviting at least twenty of your friends to like my PAGE and also to join my group of supporters by clicking on SUPPORTERS.

All the best for 2016. I love you all. Walk Gook.

With Kelly Tomlin before heading to Goat Islant

With International Singer and former member of the backing group for Bob Marley , Marcia Griffits

American Ambassor Moreno.

Michael Penix on the left and Chief US Consular Officer Mike Shimmel on the right.

FI WI CONCERNS - Michael Spence

Attorneys & Fraud?

More allegations of fraud against attorneys not sounding good at all .Is it that because the society is over lawyered and the work is just not there they are grabbing at everything to maintain the publicly perceived high lifestyle. Most attorneys are however upright and decent people. Those going into the profession and have eyes to see and ears to hear "even if you crooked cut straight" and "Don't hang your basket higher than you can reach it".15/05/15

Naming of Places

The Balaclava High School, which is soon to be, renamed the Roger Clarke High School. At the end of this government’s term of office will there be anything left to be named. Do you recall the brouhaha in Montego Bay when they were to rename Cornwall Regional Hospital in Montego Bay in honour of Dr Herbert Eldemire or the other when What was called Foreshore Road downtown Kingston Waterfront to be named in honour of Edward Seaga how that was opposed. Both those renaming would be fitting as both men contributed significantly to their development and or creation. P J Patterson as I understand it was the political leader who pushed for the creation of the Jamaican style highways so that naming one after him is a reasonable gesture. I do not believe that politicians in power should go around naming national heroes or things for their friends, political associates and family this should be a decision made in consultation with the people by say the Heritage Trust or some other bipartisan or“independent”national body. Renaming cannot be left to the whims and fancies of a few among us to love it or like it. Let us say the Ministry of Finance building at heroes Circle could be renamed the Peter Phillips building honouring him for passing the most consecutive  IMF tests in the history of modern Jamaica and even more so if Jamaica becomes an economic powerhouse under his watch, if not Jamaica College old Boys could rename his Alma Mater in his honour. No civilized country, democracy or plantation should be run that way or else one day we could wake up to Jamaica being renamed. Any  suggestions as to a new name in honour of a friend or political associate? Come on Mr. Derby you are an innovator we are listening do not forget Riverton Dump. Anyone who turns that around into a viable land fill and city their name should be put there. The incentive now is do well wherever you are placed and it may just be named after you. We need however to develop some set nationally agreed transparent criteria to facilitate such so that there can be no argument. So Mr. Derby which high School you want your name on? 15/05/15

Gangs

The police have reasons to believe that the Clansman gang is one of the largest and most organized criminal enterprises in the island says a Gleaner article. Its extortion racket stretches from Half-Way Tree, St Andrew, to sections of Portmore and elsewhere in St Catherine says a Gleaner article. The police say based on the number of buses that use the park, the illegal haul in the Spanish Town park is estimated at $1.5 million a day. All the information is out there but this gang has become more sophisticated, trustworthy, incentivized and embedded on the ground in the community than the police. Remove the politics, incentives /money from the gang and they will be weakened. There is no real will to move against them so it’s business as usual with mere cosmetics for show. Street crawlers like me cannot be fooled by chat, more laws or cosmetics. We recognise action just catch and remove the criminals. Laws have no effect if no one is caught except a few insignificant sitting ducks.15/05/15

Attorney Arrested for running Prostitution Business

WHAT? Attorney-at-law, who was arrested  last April after he was accused by the police of running a prostitution business under the guise of operating a massage parlour. This is an allegation so let us see where this will go I suspect nowhere. If the DPP sees this nowhere destination they should end the proceedings against the lawyer and his co-defendants. By the way is anything on the agenda to legalize prostitution why or why not? Oh, another thing there is now male and female prostitution and therefore ties into buggery laws. Even if it is made legal tomorrow there will be no retroactive effect for those charged prior to its passage.12/0515

Police Robbed???

Man steals Samsung S5 from police vehicle as cop writes traffic ticket shouts an Observer newspaper article. Downtown is a disaster happening and needs more than police intervention. A criminal is an opportunist and if he/she makes an assessment of the act and it seems feasible they will go for it, its their job so if you are even a member of the security forces it makes no difference. Crimes downtown is not only a police matter it is social as well as economic and needs holistic intervention. I go there almoner every day and over the years have seen the deterioration and have had my share of crimes against me including, robbery and ducking gunshots. Criminals also come from elsewhere to work and go back home. With the weakening of strong Criminal Executive Officers (CEOs) or Dons quasi policing network it has become a real criminal free for all. You know Mr. Adams once said that when you get rid of the dons the police cannot fill the breach. Maybe so but they can learn a few logistic operating techniques from them. Presently it is set to get worse on the ground with the police operating like aimless sightseeing crime tourists and traffic ticket writers. Downtown maybe going through a phase of creative destruction with new opportunities set to arise from the rubble but in the meantime there needs to be a rapid response to save

FI WI CONCERNS - By Michael Spence

Capital Punishment

The laws that govern murder have been for some time now capital murder those for which you can hang and non capital murder and manslaughter only attracts imprisonment. With all of these distinctions, however heinous the murders look most would not attract the death penalty so the usual refrain "HANG THEM, HANG THEM" is a FEEL GOOD waste of time under the present circumstances. With almost 15000 murders in ten years less than five people are on death row presently. This is paradise for you know whom we are not even catching.10/05/15

Getting Those Crimminals 

The newspaper screams Singjay Killed in Montego Bay or the police have reported that a 40-year-old woman was shot dead by unknown assailant/s on Dallas Castle main road in Papine, St Andrew on Friday. In both cases  the police are asking anyone who may be able to assist the investigation .That is what we hear every day and nothing happens. Does anyone have any idea what is the source of this constant murdering of our one another I mean Jamaicans killing Jamaicans is it that we are so dunce that we do not know that the world is watching, listening and walking away with their investments to other countries with less idiotic people. Then we complain how government not doing this and government not doing that what about us.? This crime solution needs a mass movement to root out the criminals/murderers/rapists in our houses, from our families and next door the police is an assistant to that movement since it is evident that they have little effect on the crime. 09/05/15

 Drivers License and Bureaucracy

The Jamaica drivers’ licenses test must be the most difficult driving test in the world or is it that once you pass you are guaranteed to never have an accident in your lifetime. That only fuels corruption and the more you try to solve it by adding more layers of bureaucracy. Making it harder makes the corrupt sellers and their associates get rich faster as there is now more reason to justify higher bandooloo prices. Simplicity counters a lot of corruption but professional paper pushers and chatocrats are blind to pragmatism. So as Henley Morgan always tell you if you see problems you make a business out of it the licence sellers do just that. 09/05/15

 Bush Fires

Bush fires sweeping across several communities in east rural St Andrew in the community of Flamstead since last Saturday could leave billions of dollars in losses. This fire I am sure was not caused by spontaneous combustion it must have been started by a slash and burn farmer or what about the allegation of a person burning of an old mattress thrown down the gully that spread the fire uncontrollably. The need for education and more education on the dangers of one of Jamaica's national pastime to light fires to "bun out" crosses and other things cannot be overstressed and a no nonsense approach be taken island wide to enforcing the law against this practice.09/05/15

Having Children

Most of us out there were not planned for and some very successful persons also had single parent. I bet you soon hear someone asking for a parenting commission or ministry where you apply for a license to become parents. Apart from the breakdown in values and what popular radio host Barry G calls “low blow etiquettes e.g. man saying to a lady hi stiff breast me would a ---- you right now”,   have now become normal and an economy that is not growing is a recipe for disaster in all the pillars that maintains, develop and grow society. Solving those problems has to be a holistic one that needs resolute leadership that reflects Prime Minister Portia Simpson Millers talking of a “zero tolerance” approach to persons abusing/killing women and children. Those who are promoting, rape, slackness and nastiness as entertainment must also be rebuked/punished.08/05/15

 Human Trafficking

I hope our investigators are smart enough to investigate these cases from the inside out and not only concentrate on the given leads or misleads on the outside. If you know how human trafficking works the younger the better. If we do not have the depth of expertise in the area of human trafficking we should seek it outside. Custody battle heating up or what?07/05/15

  Body Cameras for Police

Chief Devon Clunis, the Jamaican-born head of the Winnipeg Police Service, acknowledged that there are substantial costs to acquire and roll out the body cam technology but said it costs significantly more to manage the data captured on an ongoing basis. No problem great opportunity for someone close to the administration to supply the body cams and manage the data captured. Waah a gwaan Jamaica?06/05/15

 Michael Spence

Click here to visit Vernon Derby's Facebook page.

Have We Gone Too High On Ganja?

Have We Gone Too High

So Jamaica is on a HIGH. Man and man feel dem free fi get high pan di weed. Man and man and woman and woman free fi hol' a splif. That is not really the case because while the Amendment to the Drug Enforcement Act allows persons to grow and to use ganja in specific circumstances it is not saying that we can grow and use ganja as we like.

Many Questions

Actually, probably the changes will make us feel that we can smoke ganga as we like. For example they talk about being ticketed if you are caught with more than two onces of ganja. I didn't even know that at the official level we still talk about ounces. There are many questions which need to be answered:

• How are the police going to know the weight of the ganja that a person is carrying? 
• Will the police be given little scales to weigh the ganja? 
• Will they have portable laborataries so that they can test the vegetable matter in order to ascertain whether or not the vegetable looking matter is ganja?
• How will the police verify the name given by citizens when we do not have a system for National Identification?
• If the fine for a ticket is JAD500, will that cover the cost of the ticket, receipt for payment and all administrative work that is involved in processing this ticket? 

Traffic Ticketing System Now Ganja Tickets

We have not been able to manage the traffic ticket system. I understand there are thousands of outstanding traffic tickets. We have had accidents and the drivers involved in these accidents have hundreds of outstanding traffic tickets. Are we going to add the traffic ticket problems to the ganja tickets.

Police To Use Discretion!

I wonder if we were too HIGH when we came up with these amendments? I heard an official stating that the police will have to use their discretion!!! Police officers using their discretion? I hope this will not encourage the 'Eat a food mentalilty' so the question will be 'Left or Write'.

Time Will Tell

Only time will tell if I am Right or if I am Wrong. We make laws and then we try to work it out so we will have to make an amendment to the amendment.

Yu Want Yu Green Card?

Those who intend to migrate to the US and other countries  and who believe that they are free to smoke the weed could end up being free to stay in Jamaica and not free to migrate!!! What a Life...What a country!