Member of the public requests removal from Election Register (2023-04-20)

Summary

This is a published case summary from the Cayman Islands Ombudsman's Data Protection informal resolution decisions, not a rule or guidance document. It describes a specific complaint in which a member of the public asked the Elections Office to stop processing his personal data and be removed from the voting register, invoking section 10 of the Data Protection Act (DPA).

• Facts: The Elections Office failed to respond to the cessation notice within the statutory timeline, prompting a complaint to the Ombudsman.
• Elections Office position: After delay, the Elections Office responded citing its legal mandate under the Elections Act and Constitution to maintain the register of electors.
• Legal basis relied on: The Ombudsman accepted that the exception in DPA section 10(2)(b) applied, since maintaining the register was necessary for compliance with a legal obligation, so the Elections Office was not required to comply with the cessation notice.
• Outcome: The complaint was closed as resolved, with no further action required of the Elections Office.

The summary is illustrative rather than binding guidance: it shows how the Ombudsman applies the DPA section 10(2)(b) exception where a public authority has a separate legal obligation to process data, and does not itself create new rules or ongoing compliance duties for other entities.

Applies to

data controllers, public authorities, Elections Office