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Digital recordings have to privacy rights

The Jamaica Observer posted an article on January 22, 2021, about the right to privacy for digital recordings. Below are some key highlights:

  • The courts, therefore, carry out a balancing exercise between the rights of non-government actor, such as a school/employer’s right to use measures to assist students/employees in completing tasks, etc, and the rights of other individuals, such as the right to privacy.
  • One of the principles included in this right is the principle that information provided to particular individuals must remain confidential and restricted to use for the purpose for which it was divulged.
  • The courts have determined that this involves an assessment of whether:
    • (i) there is a legitimate aim being pursued by the person who took the measure which infringes the right;
    • (ii) there is a rational connection between the aim and the measure taken;

 

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