Job references not held (2022-10-25)

Summary

This is a published case summary from the Cayman Islands Ombudsman describing an informally resolved data protection complaint, not a rule or policy document. It illustrates how the Ombudsman treats subject access requests that are mishandled under the wrong legislative framework.

• Complaint: A complainant made a subject access request to Customs and Border Control (CBC) for job reference records, but CBC processed it under the Freedom of Information Act instead of the Data Protection Act (DPA), which was the correct framework.
• Finding: The Ombudsman confirmed CBC did not hold the requested records (including any verbal reference) and that personnel files were instead held by the Ministry of Finance and Economic Development, which had already responded to the complainant.
• Outcome: The complainant was advised to seek a subject access request from other possible holders of job reference data; since the requested personal data was ultimately located and addressed, the complaint was closed as raising no matter of substance.

The case serves as an example rather than a binding requirement: it does not create new obligations for regulated entities but underscores that subject access requests concerning personal data must be handled under the DPA rather than the FOI Act.

Applies to

data controllers, government agencies handling subject access requests