s.2Interpretation
2
Section 2Part 1 — INTERPRETATION, PRINCIPLES, APPLICATION, OBLIGATIONS AND OFFICE

Interpretation

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In this Law —
includes any trade or profession;
means the Information Commissioner appointed under section 35 of the Freedom of Information Law (2015 Revision);
in relation to a data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to the said data subject;
means the person who, alone or jointly with others determines the purposes, conditions and manner in which any personal data are, or are to be, processed and includes a local representative referred to in section 6(2);
means any person who processes personal data on behalf of a data controller but, for the avoidance of doubt, does not include an employee of the data controller;
has the meaning referred to in section 5;
means —
an identified living individual; or
a living individual who can be identified directly or indirectly by means reasonably likely to be used by the data controller or by any other person;
means an order under section 45;
means an individual registered to practise under any of the professions specified in the Health Practice Law (2013 Revision) or any other Law relating to health;
means a record that —
consists of information relating to the physical health, mental health or condition of a data subject; and
has been made by or on behalf of a health professional in connection with the care of that data subject;
in relation to personal data, includes data that are misleading, incomplete or out of date;
means the following provisions to the extent that they are inconsistent with the disclosure in question —
the first data protection principle, except to the extent to which it requires compliance with the conditions in Schedules 2 and 3;
the second and third data protection principles; and
sections 10 and 14;
includes any corporation, either aggregate or sole, and any club, society, association, public authority or other body, of one or more persons;
means data relating to a living individual who can be identified and includes data such as —
the living individual’s location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the living individual;
an expression of opinion about the living individual; or
any indication of the intentions of the data controller or any other person in respect of the living individual;
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or, access to, personal data transmitted, stored or otherwise processed;
in relation to data, means obtaining, recording or holding data, or carrying out any operation or set of operations on personal data, including —
organizing, adapting or altering the personal data;
retrieving, consulting or using the personal data;
disclosing the personal data by transmission, dissemination or otherwise making it available; or
aligning, combining, blocking, erasing or destroying the personal data;
means —
a ministry, portfolio or department;
a statutory body or authority, whether incorporated or not;
a company which —
is wholly owned by the Government or in which the Government has a direct or indirect controlling interest; or
is specified in an Order made by the Cabinet; and
any other body or organization specified by the Cabinet by Order as a public authority on account of providing services of a public nature which are essential to the welfare of Caymanian society;
means any register that, pursuant to a requirement imposed by Law or in pursuance of an international agreement, is open to public inspection or open to inspection by any person having a legitimate interest in the subject matter of the register;
in relation to journalistic, literary or artistic material, means to make available to the public or any section of the public;
in relation to personal data, includes a person to whom the data are disclosed, as well as any person (such as an employee or agent of the relevant data controller, a relevant data processor, or an employee or agent of a data processor) to whom they are disclosed in the course of processing the data for the data controller, but does not include a person to whom disclosure is or may be made as a result of, or with a view to, a particular inquiry by or on behalf of that person made in the exercise of any power conferred by law;
means a company within the meaning of section 2 of the Companies Law (2013 Revision);
means regulations made under this Law;
has the meaning assigned in section 3;
has the meaning assigned in section 4;
in relation to the Commissioner, includes any individual employed in the office of the Commissioner;
means —
the first data protection principle to the extent to which it requires compliance with paragraph 2 of Part 2 of Schedule 1; and
section 8; and
in relation to personal data, means any person other than —
the data subject;
the data controller; or
any data processor or other person authorized to process data for the data controller or data processor.

Defined Terms

businessCommissionerconsentdata controllerdata processordata protection principlesdata subjectenforcement orderhealth professionalhealth recordinaccuratenon-disclosure provisionspersonpersonal datapersonal data breachprocessingpublic authoritypublic registerpublishrecipientregistered companyregulationssensitive personal dataspecial purposesstaffsubject information provisionsthird party

Cross References

Referenced By