NOTE: The Second and Third Schedule headings did not OCR cleanly, so the block below contains the Second Schedule (Miscellaneous exemptions, Section 42) followed by the Third Schedule (Powers of entry and inspection, Section 55). A reviewer should split these against the official PDF.
SECOND SCHEDULE (Section 42) Miscellaneous Exemptions Contidentiat 1. Personal data are exempt from section 6 if they consist ofa wiven by data reference given or to be given in confidence by the data controller controtler. for the purposes of— (a) _ the education, training or employment, or prospective education, training or employment, of the data subject; (b) the appointment, or prospective appointment, of the data subject to any office; or (c) the provision, or prospective provision, by the data subject of any service. Jamaica 2. Personal data are exempt from the disclosure to data subject panenee requirements in any case to the extent to which the application of FCe, ‘ : « those requirements would be likely to prejudice the combat effectiveness of the Jamaica Defence Force. Judicial 3. Personal data processed for the purposes of — appotntments . Coa, to. and honours, (a) assessing any person’s suitability for judicial office or the office of Queen’s Counsel; or (b) the conferring of any honour or award under the National Honours and Awards Act,are exempt from the disclosure to data subject requirements. Public 4. The Minister may by order exempt from the disclosure to employmen , data subject requirements personal data processed for the purposes and of assessing any individual’s suitability for— Ministerial . . appointments. (a) employment to any office of emolument in the public service; or (b) any office to which appointments are made by the Governor-General or by a Minister. Management 5. Personal data processed for the purposes of management forecasts, ete. forecasting or management planning to assist the data controller in the conduct of any business or other activity are exempt from the disclosure to data subject requirements in any case to the extent to which the application of those provisions would be likely to prejudice the conduct of that business or other activity.
6.—{(1) Where personal data are processed for the purposes of, Corporate or in connection with, a corporate finance service provided by a finance. relevant person— (a) _ the personal data are exempt from the disclosure to data subject requirements in any case to the extent to which either—
(i) the application of those provisions to the personal data could affect the price of any instrument which is already in existence or is to be or may be created; or
(Gi) the data controller reasonably believes that the application of those provisions to the personal data could affect the price of any such
instrument; and
(b) to the extent that the personal data are not exempt from
the disclosure to data subject requirements by virtue of paragraph (a), they are exempt from those provisions if the exemption is required for the purpose of safeguarding an important economic or financial interest of Jamaica. (2) For the purposes of sub-paragraph (1)(b), the Minister may by order specify—
(a) matters to be taken into account in determining whether exemption from the disclosure to data subject requirements is required for the purpose of safeguarding an important economic or financial interest of Jamaica; or .
(b) circumstances in which exemption from those requirements is, or is not, to be taken to be required for that purpose.
(3) In this paragraph— “corporate finance service” means a service consisting in— (a) underwriting in respect of issues of, or the placing of issues of, any instrument;
106 [No. ] The Data Protection Act, 2020 (b) advice to undertakings on capital structure, industrial strategy and related matters and advice and service relating to mergers and the purchase of undertakings; or
(c) _ services relating to such underwritings
as is mentioned in sub-paragraph (a); “instrument” means—
(a) transferable securities;
(b) money-market instruments;
{c) units in collective investments schemes (as defined by the Securities Act);
(d) options, futures, swaps, forward rate agreements and any other derivative con- tracts relating to securities, currencies, interest rates or yields, or other derivative financial instruments, financial indices or financial measures which may be settled physically or in cash;
(e) options, futures, swaps, forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event);
(f) options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market or a multilateral trading facility;
(g) options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically
settled not otherwise mentioned in sub- paragraph (f) and not being for commercial purposes, which have the characteristics of other derivative
ATK LAUR 2 PURELEIUTE ALE, ZULU LINO. | ivi financial instruments, having regard to whether, inter alia, they are cleared and settled through recognized clearing houses or are subject to regular margin calls;
(h) derivative instruments for the transfer of credit risk;
(i) financial contracts for differences; or
(j) options, futures, swaps, forward tate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by
. reason of a default or other termination
event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this section, which have the characteristics of other derivative financial instru-ments, having regard to whether, inter alia, they are traded on a regulated market or a multilateral trading facility, are cleared and settled through recognized clearing houses or are subject to regular margin calls;
“multilateral trading facility’ means a multilateral system, operated by an investment firm or a market operator, which brings together multiple third-party buying and selling interests in financial instruments in the system and in accordance with non-discretionary rules;
“price” includes value;
“relevant person” means a person licensed to carry on a securities business or investment advice business under the Securities Act.
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Negotiations. 7. Personal data which consist of records of the intentions of the data controller in relation to any negotiations with the data subject are exempt from the disclosure to data subject requirements in any case to the extent to which the application of those provisions would be likely to prejudice those negotiations.
Examination 8—<1) Section 6 shall have effect subject to the provisions of
marks. sub-paragraphs (2) to (4) in the case of personal data consisting of marks or other information processed by a data controller—
(a) forthe purpose of determining the results of an academic, professional or other examination or of enabling the results of any such examination to be determined; or
(b) in consequence of the determination of any such results.
(2) Where the relevant day falls before the day on which the results of the examination are announced, the period mentioned in section 6(4) shall be extended until—
(a) the end of three months beginning.with the relevant day; or
(b) the end of forty days beginning with the date of the announcement,
whichever is the earlier.
(3) Where by virtue of sub-paragraph (2) a period longer than the prescribed period elapses after the relevant day before the request is complied with, the information to be supplied pursuant to the request shali be supplied both by reference to the personal data in question at the time when the request is received and (if different) by reference to the personal data as from time to time held in the period beginning when the request is received and ending when the request is complied with.
(4) For the purposes of this paragraph the results of an examination shal! be treated as announced when they are first published or (if not published) when they are first made available or communicated to the candidate in question.
(5) In this paragraph—
“examination” includes any process for determining the knowledge, intelligence, skill or ability of a candidate by reference to his performance in any test, work or other activity;
“the prescribed period” means thirty days or such other period as is for the time being prescribed under section 6(4) in relation to the personal data in question; “relevant day”, in relation to a request under this paragraph, means the first day on which the data controller has— (a) the request; ; (b) ifa fee is payable under section 6(2){c) in respect of the request, that fee; and (c) if further information is required under section 8(1) in respect of the request, that information.
9.—(1) Personal data consisting of information recorded by Examination candidates during an academic, professional or other examination S*ipts, etc. are exempt from section 6.
(2) In this paragraph, “examination” has the same meaning as in paragraph 8.
10. Personal data are exempt from the disclosure to data subject Legal — requirements if the personal data consist of information in respect ot fessional of which a claim to legal professional privilege could be maintained ef: in legal proceedings.
11,—{1) A person need not comply with any request or order Self-incri- under section 6 to the extent that compliance would, by revealing ination. evidence of the commission of any offence, other than an offence under this Act or an offence under section 8 of the Perjury Act (false voluntary declarations and other false statements without oath), expose the person to proceedings for that offence.
(2) Information disclosed by any person in compliance with any request or order under section 6 shall not be admissible against that person in proceedings for an offence under this Act.
12. Personal data consisting of any report on an inmate of a Correctional correctional institution are exempt from section 6, where the Services. disclosure could reasonably be expected to reveal information supplied in confidence.
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(8) In determining whether the Commissioner has given an occupier the seven days’ notice referred to in sub-paragraph (7)(a), any assessment notice served on the occupier is to be disregarded,
(9) Sub-paragraph (7) shall not apply if the Judge is satisfied that the case is one of urgency or that compliance with that sub-paragraph would defeat the object of the entry.
(10) A Judge who issues a warrant under this Schedule shall also issue two copies of the warrant and certify the copies clearly as copies.
Execution of 2._{1) Aperson executing a warrant under this Schedule may warrants. use such reasonable force as may be necessary.
(2) Awarrant issued under this Schedule shall be executed at a reasonable hour unless it appears to the person executing the warrant that there are reasonable grounds for suspecting that the objects of the warrant would be defeated if the warrant were so executed.
(3) Ifthe person who occupies the premises in respect of which a warrant is issued under this Schedule is—
(a) present when the warrant is executed, the person shall be shown the warrant and supplied with a copy of it; and
(b) not present when the warrant is executed, a copy of the warrant shall be left in a prominent place on the premises.
(4) A person seizing anything in pursuance of a warrant under this Schedule shall give a receipt for it if asked to do so.
(5) Subject to sub-paragraph (6), anything seized in pursuance of a warrant under this Schedule may be retained for so long as is necessary in all the circumstances, but the person in occupation of the premises in question shall be given a copy of any document seized, and a receipt for any other item seized, if the person so requests and the person executing the warrant considers that the request can be complied with without undue delay.
(6) A Judge of a Parish Court may direct the release of anything seized under this Act if the Judge is satisfied, on the application of the person from whom the thing is seized, that’ the thing does not fall within paragraph 1(6)(d) or its retention is no longer necessary for the purposes of that sub-paragraph.
3.—{1) The powers of inspection and seizure conferred by a Matters warrant issued under this Schedule shall not be exercisable in ¢xempt from respect of personal data which by virtue of section 33 (national ane seine security) are exempt from any of the provisions of this Act.
(2) Subject to the provisions of this paragraph, the powers of inspection and seizure conferred by a warrant issued under this Schedule shall not be exercisable in respect of—
(a) any communication between an attomey-at-law and his client in connection with the giving of legal advice to . the client with respect to the client’s obligations, liabilities or rights under this Act; or (b) any communication between an attorney-at-law and his client, or between the attorney-at-law or the client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Court) and for the purposes of such proceedings. (3) Sub-paragraph (2) also applies to— (a) any copy, or other record, of any communication mentioned in that sub-paragraph; and (b) any document or article enclosed with, or referred to, in any such communication, if made in connection with the giving of any advice or, as the case may be, in connection with or in contemplation of and for the purposes of any proceedings mentioned in that sub- paragraph.
(4) Sub-paragraphs (2) and (3) do not apply to anything in the possession of any person other than the attorney-at-law or his client, or to anything held with the intention of furthering a criminal purpose.
(S) In this paragraph, references to the client of an attorney- at-law include references to any person representing that client.
(6) Ifthe person in occupation of any premises in respect of which a warrant is issued under this Schedule objects to the inspection or seizure under the warrant of any material on the grounds that it consists partly of matters in respect of which those powers are not exercisable, the person shall, if the person executing the warrant so requests, furnish the person executing the warrant with a copy of so much of the material as is not exempt from those
powers,
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