Interpretation for Part II

5. For the purposes of this Part—

(a) in the case of an individual who—

(i) is a minor, the rights conferred by this Part may be exercised by a parent or legal guardian of the minor, or by the minor in any case where the law recognises the capacity of the minor to act in the matter to which the personal data relates; or

(ii) by reason of any mental impairment is unable to act, the rights conferred by this Part may be exercised by the person’s nearest relative, within the meaning of section 3(3) of the Mental Health Act, so, however, that—

(A) such a relative need not be ordinarily resident in Jamaica; and

(B) the Court may, where it considers it appropriate in the circumstances, on an application made to it by a relative of the data subject, determine the nearest relative suitable to exercise the rights notwithstanding the order of precedence referred to in section 3(3) of the Mental Health Act;

(b) in the case of any other individual, the rights conferred by this Part may be exercised by—

(i) the legal personal representative of that individual; or

(ii) another individual to whom the first mentioned individual delegates in writing, in such form and manner as may be prescribed, the exercise of the rights.