57. Data-sharing code

57.—

1. The Commissioner shall prepare and submit to the Minister a code of practice (in this Act referred to as “the data-sharing code”) which contains—

(a) practical guidance in relation to the sharing of personal data in accordance with the requirements of this Act; and

(b) such other guidance as the Commissioner considers appropriate to promote good practice in the sharing of personal data.

2. Before a code is prepared under this section, the Commissioner shall consult such of the following as the Commissioner considers appropriate—

(a) trade associations;

(b) persons who appear to the Commissioner to represent the interests of data controllers.

(d) persons who appear to the Commissioner to represent the interests of data subjects.

3. In this section, a reference to the sharing of personal data is to the disclosure of the personal data by transmission, dissemination or otherwise making the data available.

4. Where a data sharing code is submitted to the Minister under subsection (1), the Minister shall—

(a) approve the code and lay the code before the Houses of Parliament for affirmative resolution; or

(b) withhold approval of the code if it appears to the Minister that the terms of the code could result in Jamaica being in breach of any of its treaty obligations or any other international obligation, and shall publish in the Gazette a notice of the reasons for withholding approval.

5. Where a code is not approved and affirmed under subsection (4)(a), the Commissioner shall prepare another code of practice in accordance with this section.

6. A data-sharing code which is affirmed under subsection (4)(a) comes into operation upon the publication of the code in the Gazette, together with the affirmative resolution, unless a later date is specified in the code as the date on which it is to come into operation, in which case the code shall come into operation on that later date.

7. A data-sharing code may include transitional or savings provisions.

8. The Commissioner shall keep the data-sharing code under review and in any event shall review the code within eighteen months after the code first comes into operation and thereafter at least once every three years.

9. Any amendment or repeal of the data-sharing code shall be done in accordance with the procedure set out in this section for the making of the code (including the provisions as to prior consultation).

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