The Data Protection Act, 2020 of Jamaica extends its applicability to data controllers not established in Jamaica but using equipment within the country for data processing.

Text of Relevant Provisions

The Act Art.3(1)(b)(i):

"(1) Except as otherwise provided for in section 60, this Act applies to a data controller in respect of any personal data only if the data controller –

(b) though not established in Jamaica—

(i) uses equipment in Jamaica for processing the personal data otherwise than for the purpose of transit through Jamaica; or"

Analysis of Provisions

The Data Protection Act, 2020 of Jamaica applies its provisions to data controllers who, despite not being established in Jamaica, "use equipment in Jamaica for processing the personal data". This provision extends the territorial scope of the Act beyond entities established within Jamaica to those that utilize equipment located in the country for data processing activities.

It's important to note that the Act specifically excludes the use of equipment "for the purpose of transit through Jamaica" from its scope. This exclusion likely aims to avoid capturing data that merely passes through Jamaican infrastructure without being processed or used within the country.

The term "equipment" is not explicitly defined in the provided text, which may lead to a broad interpretation. It could potentially include various types of hardware or infrastructure used for data processing, such as servers, data centers, or other computing devices physically located in Jamaica.

Implications

This provision has several implications for businesses and organizations:

1. Extra-territorial application: Companies not established in Jamaica may still fall under the Act's jurisdiction if they use equipment in Jamaica for data processing. This could affect multinational corporations or foreign companies that utilize data centers or other processing facilities within Jamaica.
2. Transit exception: Organizations whose data merely transits through Jamaica without being processed are not subject to the Act under this provision. This exception is crucial for telecommunications companies and internet service providers handling international data traffic.
3. Equipment definition: The broad term "equipment" may encompass a wide range of data processing infrastructure. Companies should carefully assess whether any of their data processing activities involve equipment located in Jamaica.
4. Compliance obligations: Data controllers falling under this provision must comply with the Jamaican Data Protection Act, potentially requiring them to appoint a representative in Jamaica as per Article 3(2) of the Act.
5. Due diligence: Organizations must conduct thorough assessments of their data processing activities and the physical location of equipment used in these processes to determine if they fall under the Act's jurisdiction.

This provision aims to ensure that the personal data of Jamaican residents is protected even when processed by entities not established in the country, as long as the processing occurs using equipment within Jamaica's borders. It reflects a common approach in data protection laws to extend jurisdiction based on the location of processing equipment, ensuring that the law's protections cannot be circumvented merely by establishing a company outside the country while still conducting data processing activities within its territory.