Data Protection Registrar Michael Smith wants feedback on the draft law , a copy of which has been posted on www.dataprotection.gov.je so that people can see the actual text of the law and how it might affect them.The draft law, due to be lodged with the States on 9 December by the Finance and Economics Committee, will secure the position of Island businesses, and particularly the finance industry, by providing legislation compatible with European law.
It will also allow members of the public a greater degree of protection from infringements of their privacy.The draft Data Protection Law has taken slightly longer to come to the consultation stage than those in Guernsey and the Isle of Man because law officers wanted to ensure that it was compatible with the Police and Criminal Evidence Law, employment legislation and the Draft Regulation of Investigatory Powers Law – the so-called ‘snooper’s charter’.It extends the definition of data to include any structured record system and applies controls to collecting, disclosing and holding information.
Under the draft law, courts will have the power to order the rectification or erasure of inaccurate personal data held by a company on a person.It is expected that the new legislation – which if approved would come into force around July – will require start-up costs of around £50,000, in addition to the £250,000 already spent annually on the Data Protection Commissioner and his staff.
