The Data Protection Act, 2020 of Jamaica explicitly addresses the applicability of the law to data controllers who are not established within Jamaica but engage in monitoring activities of data subjects within the country. This provision is designed to ensure that the law's protections extend to Jamaican residents even when their data is processed by entities located outside the country's borders.

This provision effectively extends the territorial scope of the Act beyond Jamaica's borders, capturing foreign entities that monitor Jamaican residents' behavior within the country. The lawmakers have likely included this factor to ensure comprehensive protection of Jamaican data subjects in an increasingly globalized digital landscape.

The term "monitoring of the behaviour" is not further defined in the provided text. However, it could potentially encompass a wide range of activities, such as tracking online behavior, location tracking, or surveillance of physical activities within Jamaica.

Implications

This provision has significant implications for businesses and organizations operating outside of Jamaica:

1. Extra-territorial application: Companies not based in Jamaica may still be subject to the Act if they monitor the behavior of individuals in Jamaica.
2. Online services: Websites, apps, and other digital services that track user behavior (e.g., through cookies, analytics, or user profiling) of Jamaican users may fall under the Act's scope.
3. IoT and smart devices: Companies providing Internet of Things (IoT) devices or smart technology that monitor user behavior in Jamaica could be subject to the Act.
4. Location-based services: Services that track or monitor the location of users within Jamaica may be covered by this provision.
5. Compliance requirements: Foreign entities engaging in monitoring activities of Jamaican data subjects will need to ensure compliance with the Data Protection Act, 2020, including potentially appointing a representative in Jamaica as per Article 3(2).
6. Data subject rights: Jamaican data subjects whose behavior is monitored by foreign entities will have rights under the Act, which these entities must respect and facilitate.