Applies to	External Customers to the Ministry of Planning, Agriculture, Housing, Infrastructure, Transport, and Development
Responsibility	Data Protection Leader (“DPL”)	Revision Description	Author	Ministry of PAHITD
Version	1.0	Initial document issued as per the template developed by the Information Rights Unit and updated on 30 January 2024.	Date	July 30, 2024

Version Control Notice:
This document is a controlled document that supersedes all previous versions. Please discard any previous copies of this document dated prior to the version and publication date noted above this page.
Anyone who obtains an electronic or printed version of this document is responsible for ensuring that they have the latest version. The latest version of this document is available at the above-mentioned location, via email, or can otherwise obtained from the Ministry

The Cayman Islands Government and the Ministry respects your privacy and takes care in protecting your personal data. As a data controller, we comply with the Cayman Islands Data Protection Act (2021 Revision) (the “DPA”). This privacy notice (“Privacy Notice”) demonstrates our commitment to ensuring your personal data is handled responsibly and applies to the Ministry.
This Privacy Notice does not apply to the Ministry when we are processing personal data relating to our employees, who are covered under our Employee Privacy Notice.

The Ministry collects personal data, including possibly sensitive personal data, directly from you and may also collect your personal data indirectly from third party sources. Personal data collected by the Ministry is limited to what is necessary for our processing activities. In this Privacy Notice, personal data includes any data relating to an identified or identifiable living individual.

Personal data we collect directly from you
The Ministry may collect the following information directly from you:

a. Personal data you provide through the Ministry’s website, such as:

i. Personal data provided within comments and questions, including your name and/or email address if you provide these details in our web form. If you ask questions about our public services and programmes or provide information about your relationship with us, this may also reveal other personal data;
ii. Your email address and subscription preferences if you sign up for our newsletters or notifications, and how you utilise our emails, including whether you open them and which links you click; and
iii. Your Internet Protocol (“IP”) address, details of which device or version of web browser you used to access our website content, and other information about how you used our website (see our Cookie Notice for more information;

b. Personal data you provide when you visit the Ministry’s offices and other locations; contact us by email, by telephone or through our social media channels; or access our programmes and services, including our online services; c. Personal data that you provide when you inquire about a job with the Ministry; if you apply for a job with the Ministry via the CIG e-recruitment platform, an additional privacy notice is available here: https://careers.gov.ky/application/custom/English/privacy-statement.html;

d. Any information you choose to provide when interacting with the Ministry on social media platforms, including with Ministry’s Facebook page; and

e. Any other personal data where the collection is necessary to achieve our lawful purpose(s).

Personal data collected from other sources
The Ministry may collect personal data from:

a.other sources such as third parties that share employment and related information (e.g. CVs that may be provide by third party recruiters) or personal data collected from publicly available sources (such as social media platforms); and

b. Any other personal data where the collection is necessary to achieve our lawful purpose(s).

The purpose of the Civil Service is to make the lives of those we serve better. We are dedicated to supporting the elected government by delivering caring, modern and customer-centred public services and programmes, which deliver value for money. The Ministry may use your personal data for the following purposes:

a. Implementing policies, providing services and programmes, and managing your relationship with us;

b. Responding to your inquiries;

c. Verifying your identity;

d. Measuring how users interact with the Ministry’s website and continually improving our communications channels (including by aggregating personal data collected using cookies);

e. Communicating and interacting with website visitors;

f. Sending you marketing communications;

g. Communications and public relations activities;

h. Managing accounts payable and receivable, preventing fraud, and protecting public funds;

i. Statistical and other reporting, both internally and externally;

j. Seeking legal advice, and exercising or defending legal rights;

k. Complying with our legal obligations, including all legislation that applies across the public sector, e.g. legislation that provides for records and information management, procurement, human resource management, financial management, audit, and similar functions and activities; and

l. Communicating and interacting with job applicants and related third parties (e.g. references) and carrying out recruitment and selection processes prior to employment (for more details see the Privacy Notice for the e-recruitment portal CAREERS.GOV.KY).

The Ministry may share your personal data as required, including under applicable legislation, with recipients that include joint data controllers, our data processors, and third parties. We will only share your personal data as permitted by the DPA.
Your personal data may be shared with the following recipients that support our public functions and operations:

a.With other public authorities: Personal data may be shared with other public authorities – here, “public authorities” means Ministries, Portfolios, Offices, Departments, Statutory Authorities, Statutory Bodies and Government Companies – for the purposes set out in this Privacy Notice.

b. With data processors external to the CIG: Personal data may be shared with persons providing services to the Ministry as a data processor in compliance with the DPA. When they are acting as data processors, these service providers are only able to use personal data under our instructions. We engage data processors for a variety of processing activities, which may include:

i. Webhosting;

ii. Information Technology;

iii. Records and Information Management, including storage facilities;

iv. Communications;

v. Marketing and campaigns;

vi. Events management; and

vii. Security operations and fraud prevention.

In limited circumstances, service providers who act as data processors for the Ministry may also act as a separate data controller in relation to their own purposes for processing your personal data, e.g. to provide customer support, or for analytics or machine learning in order to improve their services. These are unrelated to the purposes for which the Ministry processes your personal data and should be clearly and directly disclosed to you by the service provider through their own separate privacy notice. However, you may contact us to ask about our current service providers and specific instances, if any, that we are aware of where your personal data may be processed for a service provider’s own purposes.

c. With legal advisors and other persons if required by law or in relation to legal proceedings or rights: Personal data may be disclosed as legally required, for the purpose of or in connection with proceedings under the law, if necessary to obtain legal advice, or if the disclosure is otherwise necessary to establish, exercise or defend legal rights. This may include disclosing your personal data for the following purposes:

i. Seeking legal advice;

ii. Exercising or defending legal rights;

iii. Complying with internal and external audits or investigations by competent authorities; and

iv. Complying with information security policies or requirements.

d. With other third parties: Personal data may be disclosed to other third-party recipients for the purposes set out in this Privacy Notice and in accordance with the DPA.

Depending on applicable laws and other circumstances, the Ministry will rely on specific legal bases, or “conditions of processing”, under the DPA to process your personal data. These may include: 

a. A legal obligation to which the Ministry is subject, e.g. The Development and Planning Act, and to comply with various obligations under the Procurement Act (2023 Revision) and Procurement Regulations (2022 Revision), the Public Management and Finance Act (2020 Revision) and Financial Regulations (2022 Revision), the Public Service Management Act (2018 Revision) and Personnel Regulations (2022 Revision), the Data Protection Act (2021 Revision) and Data Protection Regulations, 2018, and the National Archive and Public Records Act (2015 Revision);

b. To exercise public functions, including the functions of the Ministry;

c. To perform or enter into a contract with you;

d. To protect your vital interests, e.g. if you experience a medical emergency while visiting our office;

e. Consent, e.g. to send you marketing communications or to administer surveys and polls; and

f. For the purposes of legitimate interests pursued by the Ministry or by a third party or parties to whom the personal data may be disclosed, e.g. when disclosing records containing third party personal data in response to a request submitted under the Freedom of Information Act (2021 Revision).

Where we process your sensitive personal data, we will also meet a second legal basis. These may include:

a. To exercise our public functions; and

b. In relation to legal proceedings, including obtaining legal advice and otherwise establishing, exercising or defending legal rights.

Unless explicitly stated or implied otherwise, our website and our various public services and programmes are not intended for or intentionally targeted at, children. We do not knowingly collect or maintain personal data about children. The Ministry will adhere to all requirements in regards to the processing of children’s personal data as per section 7 the CIG Privacy Policy.

The Ministry has put in place appropriate technical, physical and organisational measures in order to keep your personal data secure. These safeguards to maintain the confidentiality, integrity and availability of your personal data may include:

a. Adhering to plans to identify, prevent, detect, respond to, and recover from security threats, events and incidents;

b. Administrative and technical controls to restrict access to Personal Data on a “need to know” basis;

c. Requiring Data Processors who Process Personal Data on behalf of the Ministry to maintain appropriate security measures, including through MOUs, agreed Terms of Service or Data Processing Agreements; and

d. Using appropriate measures, such as encryption, pseudonymisation and chain of custody records, to protect Personal Data, including when stored on laptops, tablets, external hard drives, USB drives and other portable storage devices.

For a more comprehensive list of safeguards, see section 6.14 of the Ministry’s Data Protection Policy.

The Ministry will not transfer your personal data to another country or territory unless it will be adequately protected. We may transfer your personal data outside of the Cayman Islands only as necessary and only to a jurisdiction where all data are stored securely.

We will only transfer your personal data to a country or territory that ensures an adequate level of protection for your rights and freedoms in relation to the processing of your personal data, unless there is a relevant exemption or exception under the DPA. Exceptions may include where you have provided your consent to the transfer or where the transfer is carried out on terms approved by the Ombudsman as ensuring appropriate safeguards.

The Ministry may store your personal data for as long as we need it in order to fulfil the purpose(s) for which we collected your personal data, and in line with any applicable laws. This includes the National Archive and Public Records Act (2015 Revision), which governs the creation, maintenance and disposal of all public records. Sometimes, we may anonymise your personal data so that it is no longer associated with you.

The Ministry will respect and honour your rights in relation to your personal data and implement measures that allow you to exercise your rights under the DPA and other applicable legislation.
In accordance with the DPA, your rights in relation to your own personal data include:

a. The right to be informed and the right of access: The right to request access to all personal data the Ministry maintains about you as well as supplementary information about why and how we are processing your personal data. This is commonly known as a Data Subject Access Request and certain supplementary information about our processing is contained within this Privacy Notice.

b. Rights in relation to inaccurate data: The right to request the rectification, blocking, erasure or destruction of any inaccurate personal data the Ministry maintains on you. We will ensure, through all reasonable measures, that your personal data is accurate, complete and, where necessary, up‑to‑date, especially if it is to be used in a decision-making process.

c. The right to stop or restrict Processing: The right to restrict or stop how the Ministry uses your personal data in certain circumstances.

d. The right to stop direct marketing: The right to cease the use of your personal data by the Ministry for direct marketing purposes. The Ministry does not currently carry out any direct marketing activities. However, we will update this Privacy Notice and we will also notify you in writing as required if this position changes.

e. Rights in relation to automated decision making: The right to obtain information about and object to the use of automated decision making by the Ministry using your personal data. The Ministry does not currently use automated means to make decisions about you. However, we will update this Privacy Notice and we will also notify you in writing as required if this position changes.

f. The right to complain: The right to complain to the Ombudsman about any perceived violation of the DPA by the Ministry.

g. The right to seek compensation: The right to seek compensation in the Court if you suffer damage due to a contravention of the DPA by the Ministry.

You may contact the Ministry using the contact details listed below, to access and review your personal data or to exercise any other rights provided to you under the DPA. The Ministry will take into consideration circumstances where, under the DPA or other applicable legislation, your rights may be limited or subject to conditions, exemptions or exceptions.

Upon contacting the Ministry, we may need to verify your identity prior to fulfilling a request and may request additional information as required. In accordance with the DPA, the Ministry may also charge a reasonable fee in relation to your request if it is unfounded or excessive in nature, or the Ministry may reserve the right not to comply with the request at all.

To learn more about your rights, visit www.ombudsman.ky.

When processing your personal data, the Ministry will comply with the eight Data Protection Principles defined within the DPA:

a. Fair and lawful processing: Personal data shall be processed fairly. In addition, personal data may be processed only if certain conditions are met, for example the data controller is subject to a legal obligation that requires the processing or the processing is necessary for exercise of public functions.

b. Purpose limitation: Personal data shall be obtained only for one or more specified, explicit and legitimate purposes, and not processed further in any manner incompatible with that purpose or those purposes.

c. Data minimisation: Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are collected or processed.

d. Data accuracy: Personal data shall be accurate and, where necessary, kept up-to-date.

e. Storage limitation: Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose.

f. Respect for the individual’s rights: Personal data shall be processed in accordance with the rights of data subjects under the DPA, including subject access.

g. Security – confidentiality, integrity and availability: Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

h. International transfers: Personal data shall not be transferred to a country or territory unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

The Ministry has appointed a Data Protection Leader. If you have any questions about this Privacy Notice or how your personal data is handled, or if you wish to make a complaint or a Data Subject Access Request, please contact:

Name: Mrs. Shannon Francis, Senior Policy Advisor
Telephone number: 1 (345) 244 3577
Email Address: Shannon.Francis@gov.ky
Address: 5th Floor, Government Administration Building, 133 Elgin Avenue, George Town, Grand Cayman. Mailing Address: PO Box 107 Grand Cayman, KY1-9000, Cayman Islands.

The Ministry aims to resolve inquiries and complaints in a respectful and timely manner.

The Ministry reserves the right to update this Privacy Notice at any time and will publish a new Privacy Notice when we make any substantial updates. From time to time, the Ministry may also notify you about the processing of your personal data in other ways, including by email or through our publications.

This Privacy Notice was last updated on July 2024.