2017

Coles Group Supply Chain Pty Ltd. recently dismissed an employee who tested positive to cannabis, breaching the Fair Work Commission's zero tolerance policy on illicit drugs.

It is recommended that employers consider a zero tolerance policy that is framed in the language of test results, rather than impairment, make no references to windows of detection, make the compliance to drug and alcohol policies clear to all employees, consistently enforce the policy, and consider the employee's personal circumstances.

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.

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.