In April 2021, the Cayman Islands published an updated Data Protection Act, 2021.
This news is not as exciting as it may seem at first blush. The updated DPA is virtually the same as the 2017 version.
In my view there are only two amendments worth noting:
1. All references to the Information Commissioner in the 2017 DPA have been replaced with references to the Ombudsman, the existing regulator for Cayman’s Freedom of Information Act. Essentially, instead of creating a new office, they have extended the scope of the Ombudsman’s role.
2. In light of BREXIT, a footnote has been included to clarify that the EU-UK Exit Agreement acknowledges that Cayman falls within those territories defined as part of the UK.
Virtually all other changes are cosmetic.
I’ve attached a marked-up version of the updated 2021 version of the Act identifying all the changes.