Guide to Data Protection Law 2017 for Data Controllers

Exemptions

Monitoring, inspection or regulatory function

What is exempted?

This exemption applies to personal data that is processed for the purpose of any monitoring, inspection or regulatory function connected with the exercise of a public function in relation to:

  • public safety;
  • prevention, investigation, detection and prosecution of criminal offences;
  • prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
  • an important economic or financial interest of the Cayman Islands, including:
    • compliance with international tax treaties or international cooperation;
    • any monitoring, inspection or regulatory function exercised by official authorities (including regulation of the financial services industry); and
    • any monetary, budgetary and taxation purposes in the Cayman Islands.
  • a public function conferred on any person under any law or regulations;
  • a function of the Crown, the Governor in Cabinet or a public authority; and
  • any other function of a public nature. 

What provisions in the DPL does the exemption relate to?

Under this exemption personal data is exempt from:

  • the subject information provisions insofar as they would likely prejudice the monitoring, inspection or regulatory functions. 

When does the exemption apply?

The exemption applies to the extent that the application of these provisions would be likely to prejudice the proper discharge of the function. 

Relevant provisions

Data Protection Law, 2017

Section 21: Exemption relating to monitoring, inspection or regulatory functions                                                                

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