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Have your say on the new data protection laws

Published On:Tuesday, February 13, 2018

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The Cabinet Office's proposed new data protection laws for the Isle of Man are open for consultation.  The new laws include a short enabling Bill, the Data Protection Bill 2018, which had its first and second reading in the House of Keys on 6 February 2018, and the proposed new Orders and Regulations.

The new laws will impact on every private sector business and organisation (including charities, sports clubs etc) and every public sector body that process any personal data either as a controller or, for the first time, as a processor (i.e. an entity processing personal data only on the instructions of a controller). The laws introduce new obligations, including demonstrable accountability, enhanced, and new, rights and duties, together with significant penalties for non-compliance.  

The private sector should note, however, that whilst the Orders and Regulations seek to bring in both the EU General Data Protection Regulation and the EU 'Law Enforcement Directive' (LED), the LED only applies to specified public bodies ("Competent authorities") with prescribed law enforcement functions and the new laws should, therefore, be read accordingly. 

The Cabinet Office's consultation on the Orders and Regulations closes on 5 March giving businesses, organisations and individuals on the Island an opportunity to make comments on the new laws. 

More information about the draft laws and the consultation should be sought from the Cabinet Office's GDPR Project Team.  Contact details, together with the consultation documentation, can be found on the consultation webpage - https://consult.gov.im/cabinet-office/new-data-protection-bill/.