Privacy Notice for Applicants for Registration

 

PRIVACY NOTICE

APPLICANTS FOR REGISTRATION AND REGISTRANTS

 

Data Protection Privacy Notice

 

Purpose

The Professional Engineers Registration Board (“PERB”, “we”, “us”, “our”) is responsible, under the Professional Engineers Registration Act (PERA) of 1987, for the regulation of the practice of engineering in Jamaica including the registration of engineers.

The purpose of this privacy notice is to comply with our obligation under the Data Protection Act (2020) (DPA) to provide information to you on how we collect, use, process and store your personal data.

Who it applies to

This notice applies to:

  • Applicants for registration and registrants

Who is the data controller?

The data controller (the entity that processes your personal data) is:

The Professional Engineers Registration Board

9 Leinster Road

Kingston 5

 

If you have any questions about the privacy notice or how we handle your personal data.

If you have any questions about this privacy notice or how we handle your personal data, you may contact the data protection officer at perbdpo@megjc.gov.jm

What is personal data?

"Personal Data" is any information relating to a living individual or an individual who has been deceased for less than thirty years who can be identified, directly or indirectly, in particular by reference to an identifier. This information may include, but is not limited to your name, date of birth, age, home address, nationality, identification number, marital status, maiden name, telephone number, email address, and gender. Personal Data, however, does not include your business title, business address, or business telephone number in your capacity as an employee of an organization.

"Sensitive Personal Data'' means personal data consisting of any of the following information in respect of an individual:

(a) genetic data or biometric data;

(b) filiation, or racial or ethnic origin;

(c) political opinions, philosophical beliefs, religious beliefs, or other beliefs of a similar nature;

(d) membership in any trade union;

(e) physical or mental health or condition;

 (f) sex life;

(g) the alleged commission of any offence by the individual or any proceedings for any offence alleged to have been committed by them.

Both "Personal Data" and "Sensitive Personal Data" are referred to as "Personal Data" in this Privacy Statement.

PERB’s Data Protection Policy

Your personal data will be processed in accordance with the standards set out in the DPA,

There are:

  1. Personal data shall be processed fairly and lawfully.
  2. Personal data shall be collected only for one or more specified purposes and may not be processed in any manner that is not compatible with these purposes.
  3. Personal data shall be adequate, relevant, and limited to the purpose for which they are processed.
  4. Personal data shall be accurate and where necessary kept up to date.
  5. Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose and disposal of personal data shall be in accordance with regulations made under the Act.
  6. Personal data shall be processed in accordance with the rights of data subjects under the Act.
  7. Appropriate technical and organisational methods shall be taken:
    1. Against unauthorised or unlawful processing of personal data and against accidental loss or destruction or damage to the personal data;
    2. To ensure that the Information Commissioner is notified promptly of any security breach which may affect personal data.
  8. Personal data shall not be transferred to any State or territory outside of Jamaica which has a lower level of protection than Jamaica has for the rights and freedoms of data subjects.

 

What information do we collect about you?

We may collect store and use the following categories of information:

  • Contact details such as title, name, addresses, telephone number and personal email addresses
  • Date of birth
  • Taxpayer registration number
  • Nationality and residence details
  • Education history
  • Employment details
  • Any other information that you volunteer to give us through communication between you and PERB.

We may also collect, store and use the following “sensitive personal information”:

  • Photograph
  • Signature

How is your personal information collected?

We collect your personal information when you provide it to us directly.

You may give us your personal information through the application for registration. This information may be provided by you or your sponsor.

When and how do we obtain your consent?

You will be asked for your consent where appropriate. The PERB typically obtains your permission before collecting and in any event before using or disclosing your Personal Data for any reason. You may give us your express consent orally, online, or in writing.

How will we use information about you?

We use this information to process your application for registration. In particular we use it to:

  • Process your application for registration,
  • Determine your eligibility for registration,
  • Maintain accurate and up to date records,
  • Answer queries you may have in relation to your application for registration and
  • Process any compliant or appeal you submit.

We may also use your personal information for the following purposes:

  • To detect, investigate fraud using both the information provided to us and publicly available information such as on social media and other public platforms,
  • For research and statistical purposes,
  • To maintain or develop systems and processes and  
  • Improving service levels.

If you are approved for registration and become a registered engineer, we may use your information to carry out our statutory obligation to regulate the practice of engineering in Jamaica in accordance with the provisions of the Professional Engineers Registration Act and subsidiary legislation.

Legal Basis for Processing Your Personal Information

We must have a legal basis for processing your personal information The legal bases for processing personal information are set out in data protection legislation.

We will primarily process your personal information in order to fulfil our role in the registration of engineers in Jamaica and the regulation of the practice of engineering in Jamaica.

Change of purpose

We will only use your personal information for the purposes for which we collected it unless we reasonably consider it necessary to use it for another purpose and that purpose is compatible with the original purpose. If we need to use your personal information for another purpose, we will notify you and we will explain the legal basis that allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Automated Decision Making

If you apply for registration, you may be subject to automated decision making if you take an online examination.

The automated decision making is reviewed and tested annually to ensure that all decisions made are correct at the time the assessment is carried out.

You have the right to be informed of the logic used in making decisions using your personal data if you ask.

Data Sharing

We may share your personal information with third parties for various reasons including but not limited to when required to do so by law or where it is appropriate in the circumstance. We may share personal data with, for example:

  • Past employers, educational institutions, your references to verify information provided in your application for registration
  • Service providers including for example auditors
  • Government agencies with the right to receive the information for example, Tax Administration Jamaica

Transferring Information Outside Jamaica

We may transfer the information we collect about you to other countries outside of Jamaica for the specific purpose the information was collected for. We will only transfer your personal information to countries outside of Jamaica whose data protection laws offer an equivalent or greater protection than the Jamaican data protection laws. Where this is not possible, we will ensure that appropriate safeguards are in place to protect your personal information.

Data Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorised manner, altered, or disclosed. In addition, we limit access to personal information to only those employees, Board members, Committee members, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data Retention

Personal data may be kept for as long as is necessary for the purpose for which it was collected. The period of retention will depend on the type of personal data, why it was being processed, relevant policies and procedures and factors which may include retention to facilitate the right of applicants for registration and registrants subject to Disciplinary proceedings to appeal the decisions of PERB.

At the end of the retention period, disposal of personal data shall be in accordance with regulations made under the DPA.

Rights of Access. Correction. Erasure and Restriction

You may query the accuracy or completeness of your Personal Data in our records at any time. If you successfully establish that your Personal Data in our database is incorrect or incomplete, we will make the necessary changes.

If you make a written request to object to processing or for access to any Personal Data we have collected, used, or disclosed about you, we may action the request as permitted by law. To make a formal request or for further information about your access rights, please contact our office, as stated below.

  • By email at perbdpo@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

For further information, please refer to the Data Subject Access Rights.

Inform us of changes

It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes during your relationship with us.

Your rights in connection with personal information

You have the following rights in relation to your personal information:

a. To be informed whether your personal data is being processed on request.

b. To get a description of the personal data being processed on request.

c. To get personal data that is being processed and any information available to the data controller about the source of the personal information on request.

d. To have the personal data transmitted to another data controller on request.

e. To be informed of the logic we use in making decisions using your personal data on request.

f. To prevent the processing of your personal data where:

i. Processing the data may cause substantial and unwarranted damage or distress;

ii. The personal data is incomplete or irrelevant with respect to the reason for processing it;

iii. Processing the personal data is prohibited by law;

iv. The personal data has been retained for longer than permitted by law.

g. To request the data controller to correct inaccuracies in the data.

h. Not to have their data used for direct marketing without their informed consent.

If you want to exercise any of these rights, please contact our office, as stated below.

  • By email at perbdpo@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

For further information, please refer to the Data Subject Access Rights.

Data Protection Officer and Right to Complain

We have appointed a Data Protection Officer (“DPO”) to oversee compliance with this Notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO.

perbdpo@megjc.gov.jm

 

You may make a complaint at any time to the Information Commissioner, “IC”, the Jamaican supervisory authority for data protection issues about the way we process or have processed your personal information. You can contact the IC by writing to:

Office of the Information Commissioner

Masonic Building, 2nd Floor.

45-47 Barbados Avenue

Kingston 5

Email: info@oic.gov.jm

 

Changes to this Notice

We reserve the right to update this notice at any time. The updated notice will be emailed to you. We may also notify you in other ways from time to time about the processing of your personal information.