Individual’s details discussed in Parliament (2021-11-11)

Summary

This is a published case summary from the Cayman Islands Ombudsman's office describing an informal resolution of a data protection complaint. It is informational only and does not create new rules or obligations for regulated entities.

• Complaint: An individual alleged that discussion of her work permit renewal in a Legislative Assembly Finance Committee meeting breached the sixth and seventh data protection principles and section 8 of the Data Protection Act (DPA), and sought compensation.
• Outcome: The Ombudsman did not support the complaint because parliamentary privilege, under the Legislative Assembly (Immunities, Powers and Privileges) Act (2015 Revision), protects statements made in Parliament.
• Guidance given: The Ombudsman noted that DPA compensation claims for damages caused by a data controller must be pursued in court, not through the Ombudsman, and advised the complainant to submit a subject access request to her former employer to investigate the alleged disclosure of her personal data.

As a case outcome notice, it illustrates how parliamentary privilege interacts with the DPA and reminds complainants that damages claims against data controllers are a matter for the courts, but it does not impose any compliance obligations on data controllers or other regulated entities.