Recently, Jamaica experienced hurricane Beryl that has left many in urgent need of shelter, health services, and basic necessities especially in Clarendon and St. Elizabeth. In these times of emergency, it is essential to understand the importance of managing personal data responsibly to protect the privacy and rights of disaster victims. In addition to meeting the immediate needs of disaster victims needs during disaster relief, we have to take care not to expose them to any sort of harm down the road. This article provides best practices for Jamaican entities providing relief services on processing personal data in compliance with the Jamaican Data Protection Act.
I. Importance of Personal Data in Disaster Situations
In Jamaica, the Data Protection Act (DPA), enacted to safeguard personal information, defines personal data as any information relating to an identified or identifiable individual. This includes sensitive data such as health information, which requires higher levels of protection.
Disaster situations, such as the recent hurricane Beryl, necessitate the collection, storage, and transfer of personal data to facilitate effective relief efforts. It is crucial to adhere to the principles of lawfulness, fairness, and transparency in processing personal data during these critical times.
II. Conditions for Processing Personal Data in Case of Disaster
A. Personal Data Processing Conditions
According to the Jamaican DPA, personal data can be processed under several conditions without explicit consent if necessary for:
- Protecting vital interests of the data subject or another person.
- Performing a task carried out in the public interest or in the exercise of official authority.
- Complying with a legal obligation.
These conditions are particularly relevant during disasters when timely action is required to save lives and provide essential services.
B. Sensitive Data Processing Conditions
Sensitive personal data, such as health information, can only be processed under specific conditions, including:
- Protecting vital interests where the data subject is incapable of giving consent.
- Necessary for medical purposes by health professionals bound by confidentiality.
- Required for substantial public interest based on Jamaican law.
III. Post-Disaster Process: Health Services, Family Information, and Lists
Following the initial rescue efforts, the focus shifts to providing health services, reuniting families, and distributing aid. During this phase, personal data continues to be essential for:
- Transferring injured persons to medical facilities.
- Informing families about the status of their loved ones.
- Creating and managing lists of aid recipients to ensure efficient distribution of resources.
Relief agencies must handle this data with care, ensuring it is kept secure and only shared with authorized personnel to prevent unauthorized access or misuse.
IV. After the Hurricane: The Impact of Personal Data Breaches on Disaster Victims
A. Personal Data of Displaced Persons
Disasters often displace large numbers of people, leading to the creation of temporary shelters. Managing personal data in these environments is challenging but crucial. Relief agencies should implement robust security measures to protect personal information and prevent breaches that could lead to identity theft or fraud.
B. Social Media Sharing: The Impact of Outdated and Inaccurate Personal Data
Social media can be a powerful tool for coordinating relief efforts but also poses risks if outdated or inaccurate information is shared. Relief agencies should verify the accuracy of data before dissemination and caution the public about the potential dangers of sharing unverified information online.
C. Fake Accounts and Fraud
Disasters attract fraudulent activities, including fake aid campaigns. Agencies should educate the public on how to identify legitimate aid efforts and verify the authenticity of requests for personal information.
V. Protection of Personal Data in Disasters: Guidelines and Principles
Following the principles and guidelines of data protection authorities, relief agencies should:
- Minimize Data Collection: Collect only necessary personal data relevant to the disaster response.
- Ensure Lawfulness and Transparency: Clearly inform individuals about how their data will be used and obtain consent where required.
- Implement Security Measures: Use encryption, access controls, and other security measures to protect data.
- Regularly Review Policies: Continuously assess and update data protection policies to address emerging threats and vulnerabilities.
VI. Measures to Ensure the Security of Personal Data
To secure personal data during disasters, relief agencies should:
- Identify Responsible Persons: Assign data protection officers or similar roles to oversee data security.
- Prepare Data Security Protocols: Establish protocols for data collection, storage, and sharing.
- Use Technological Measures: Implement encryption, secure backup systems, and firewalls.
- Conduct Information Campaigns: Inform data subjects about how their data will be used and their rights under the DPA.
- Monitor Data Breaches: Establish teams to detect and respond to data breaches quickly.
VII. Vulnerable Groups in Disasters: Protection of Personal Data of Children
Children are particularly vulnerable during disasters, and their personal data requires special protection. Agencies should:
- Pre-Disaster Data Collection: Collect and securely store children’s data with legal basis before disasters occur.
- Post-Disaster Care: Ensure safe storage, search for missing children, and reunite them with their families.
- Regulate Data Sharing: Limit sharing of children’s data on social media and other platforms unless necessary and legally compliant.
VIII. Conclusion
The recent hurricane in Jamaica highlights the vital importance of managing personal data responsibly during and after a disaster. By adhering to the Jamaican Data Protection Act and best practices outlined in this article, relief agencies can protect the privacy and rights of disaster victims while providing essential services efficiently.
We share the pain of those affected by the hurricane and are committed to taking every precaution to prevent such destruction from occurring again.
For further information and resources on data protection during disasters, please contact the Office of the Information Commissioner https://oic.gov.jm/
This article aims to provide Jamaican entities with practical guidance on handling personal data responsibly during disaster relief efforts, ensuring compliance with local laws and protecting the rights of affected individuals.
Chukwuemeka Cameron is an attorney-at-law, a privacy practitioner with a master’s in Information Technology and Management for Lawyers, and a certified lead implementer of ISO 27001. He is the founder of Design Privacy, a company that helps you comply with local and international privacy laws. He can be contacted at [email protected].
