November



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November 28, 2017
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Records Of 245 Jamaicans Expunged

The criminal records of 245 Jamaicans were expunged from April to June this year, with a total of 570 records expunged this year to date.

The expungement process, under the Criminal Records (Rehabilitation of Offenders) Act, helps individuals who committed minor offenses and who have since obeyed the law in reintegrating into society. Having convictions removed from records can increase an individual's earning capacity, as employment in certain industries, such as education, tourism, security, and transportation require a clean police record.

Under the Act, minor offenses can be cleared from a record after a specified period of rehabilitation, from between five and 20 years from the date of the termination or imprisonment, or payment of a fine. The process includes completing an application to the ministry in writing and paying a $3,000 fee.

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November 28, 2017
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Argentina's Draft Data Protection Act

The most comprehensive statutory regulation regarding the protection of personal data in Argentina is the Personal Data Protection Law (Data Protection Law), which is enforced by the Data Protection Authority (DPA).

The general principle is that any treatment of personal data must be specifically consented to by the data subject. Such consent must be given freely, based upon the information previously provided to the data subject (informed) and expressed in writing or by equivalent means, depending on each case.

Overall, currently Argentina has in place a robust data protection regulation that is in the process of being updated based on technological advances and adapting it to the new international context, particularly to EU regulations.

At the same time, legislative efforts to regulate cybercrime have been made.

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November 28, 2017
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EU Commission Releases Report On First Annual Review Of EU-U.S. Privacy Shield

The EU Commission's report and accompanying working document on the first annual review of the EU-U.S. Privacy Shield framework states that the framework continues to ensure an adequate level of protection for personal data that is transferred from the EU to the U.S.
 
It also indicates that U.S. authorities have the necessary procedures to ensure the proper functioning of the Privacy Shield, including providing new redress possibilities for EU individuals and instituting appropriate safeguards regarding government access to personal data.
 
The Report states that Privacy Shield-related complaint-handling and enforcement procedures have been properly established.
 
The Report provides recommendations to help ensure the proper functioning of the Privacy Shield. The Report will now be sent to be sent to the European Parliament, the Council, the Article 29 Working Party, and U.S. authorities.
 
The Commission will then work with U.S. authorities to implement its recommendations.

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