Data Subject Rights

DATA SUBJECT RIGHTS

1. How to exercise your rights as a data subject

Under the Data Protection Act (2020), you have the right:

1. 1. To be informed whether your personal data is being processed.
   2. To get a description of your personal data that is being processed.
   3. To get your personal data that is being processed and any information available to the data controller about the source of the personal information.
   4. To have your personal data transmitted to another data controller.
   5. To be informed of the logic used by the data controller in making decisions using your personal data if they ask.
   6. To prevent the processing of your personal data where:
      1. Processing the data may cause substantial and unwarranted damage or distress;
      2. The personal data is incomplete or irrelevant with respect to the reason for processing it;
      3. Processing the personal data is prohibited by law;
      4. The personal data has been retained for longer than permitted by law.
   7. To request the data controller to correct inaccuracies in the data.
   8. Not to have your data used for direct marketing without your informed consent.
2. If you wish:
   1. To be informed whether your personal data is being processed
   2. To get a description of the personal data being processed
   3. To get your personal data that is being processed and any information available to the data controller about the source of the personal information
   4. To have the personal data transmitted to another data controller
   5. To be informed of the logic used by the data controller in making decisions using your personal data

Access the form here (Form 2, Regulation 3, Application for Access to Personal Data) complete and submit it to PERB

• By email at perbinfo@megjc.gov.jm
• To PERB’s office at 9 Leinster Road, Kingston 5
• By registered mail to PERB’s office at 9 Leinster Road, Kingston 5

If you are a minor, the request may be submitted   by your parent or legal guardian and must be accompanied by a copy of:

• Your birth certificate if the person requesting the information is a parent or evidence of legal adoption or proof of guardianship
• A government issued identification for the minor if any
• The government issued identification of the person requesting the information

If you are unable to act due to mental impairment, the request may be submitted by your nearest relative as defined in Section 3 subsection 3 of the Mental Health Act.

NB, the nearest relative does not have to be resident in Jamaica and the Court may on application determine the nearest relative regardless of the order of precedence in the Mental Health Act.

 If the request is submitted by your nearest relative, the request must be accompanied by:

• a copy of your Government-issued identification.
• a copy of the Government-issued identification of the relative applying; and
• documentary proof establishing the relative’s status as nearest relative (for example, a copy of a court order issued under the Mental Health Act, a copy of a marriage certificate, a copy of a birth certificate or proof of legal guardianship that establishes that status)

The request can be made by your legal personal representative of any other person whom you have given permission to make the request on your behalf. In this case, that person will need to access the form here (Form 1A, Regulation 2, Delegation Form), complete and submit to PERB.

• By email at perbinfo@megjc.gov.jm
• To PERB’s office at 9 Leinster Road, Kingston 5
• By registered mail to PERB’s office at 9 Leinster Road, Kingston 5

The form should be accompanied by:

• If the person is a legal personal representative:
  • a copy of your Government-issued identification;
  • a copy of the legal personal representative’s Government-issued identification; and
  • documentary proof establishing the legal personal representative’s status as your legal personal representative (for example, a copy of the grant of probate or letters of administration or the order of a court)
• If the form is submitted by any other person with your permission:
  • a copy of your Government-issued identification
  • a copy of the person’s Government-issued identification; and
  • a certified copy of the delegation (Form 1A, Regulation 2, Delegation Form)

 To prevent the processing of your personal data where:

1. 1. 1. Processing the data may cause substantial and unwarranted damage or distress;
      2. The personal data is incomplete or irrelevant with respect to the reason for processing it;
      3. Processing the personal data is prohibited by law;
      4. The personal data has been retained for longer than permitted by law.

Please access the form here (Form 3, Regulation 3, Notice to Prevent Processing), complete and submit to PERB

• By email at perbinfo@megjc.gov.jm
• To PERB’s office at 9 Leinster Road, Kingston 5
• By registered mail to PERB’s office at 9 Leinster Road, Kingston 5

To require PERB to ensure that no decision to which section 12 of the Data Protection Act (2020) applies is based solely on the processing, by automatic means of your personal data for the purpose of evaluating matters relating to you (for example, your performance at work, creditworthiness, reliability, or conduct) please access the form here (Form 4, Regulation 3, Notice to Prevent Automated Decision Making) complete and submit to PERB

• By email at perbinfo@megjc.gov.jm
• To PERB’s office at 9 Leinster Road, Kingston 5
• By registered mail to PERB’s office at 9 Leinster Road, Kingston 5

To request PERB to correct inaccuracies in your personal data, please access the form here (Form 5 Regulation 3, Application for Rectification of Personal Data), complete and submit to PERB.

• By email at perbinfo@megjc.gov.jm
• To PERB’s office at 9 Leinster Road, Kingston 5
• By registered mail to PERB’s office at 9 Leinster Road, Kingston 5