The Cayman Islands has modern, internationally accepted legislation providing for computer misuse offences and data protection. Such legislation is modelled on UK and/or EU legislation to protect against such illegal acts, and to ensure that appropriate criminal, civil and regulatory remedies are available to counter them.
For many years the Cayman Islands has had robust legislative measures to enable the police to investigate, and the authorities to prosecute, computer hackers and others who seek unauthorised access to other people’s computer systems.
The Computer Misuse Law (2015 Revision) (the “CML”) is modelled on the UK’s Computer Misuse Act and creates a number of computer-hacking and related offences. The provisions of the CML are extra-territorial, such that a person who commits an offence from outside of the Cayman Islands in respect of computer systems in the Cayman Islands may be prosecuted here.
The Data Protection Law, 2017 (the “DPL”) has been enacted and will come into force in January 2019, after EU’s General Data Protection Regulation (“GDPR”) comes into EU law. The DPL has drawn from various EU jurisdictions’ legislation, as well as the GDPR, to conform to the data protection standards set by the EU.
It will be an offence under the DPL to obtain or disclose personal data without the consent of the party controlling the data, and it will be separate offence to offer to sell data obtained illegally.
An offence under the CML or the DPL could also form a predicate offence under the Proceeds of Crime Law (2017 Revision) (“POCL”) where proceeds (e.g. fees for selling stolen information) derived from the criminal conduct. Third party acquirers of the information could also be subject to inchoate offences under POCL; e.g. aiding, abetting or conspiring with another to commit the offence.
Additionally, victims who have been subject to unauthorised access to their computer systems and misuse of information obtained are also able to bring civil actions in the Cayman Islands, including for breach of confidence. Victims may also obtain injunctions to restrain further unauthorised disclosures and seek appropriate damages.
“The Cayman Islands Law Society and the Caymanian Bar Association welcomes the clarification issued on Wednesday 26 April 2017 by the Clerk of the Court regarding Requests for Copies of Writs and other originating processes filed at the Grand Court. Read more about “Statement from the Cayman Islands Law Society and the Caymanian Bar Association regarding Requests for Copies of Writs and other originating processes filed at the Grand Court” »
The Cayman Islands Law Society is disappointed that the last sitting of the Legislative Assembly has not resulted in the passage of a modern, balanced Legal Practitioners Bill (the “Bill”). Read more about “The Cayman Islands Law Society expresses disappointment” »
A controversial Private Member’s Motion alleging wrongdoing by law firms and calling for their investigation has been defended by independent politicians in the LA. However, it’s not sitting well with some in the legal fraternity.
Law Society President Alasdair Robertson discusses with Tammi Sulliman. Read more about “Concerns mount over controversial motion” »
The Cayman Islands Law Society has called for an end to “damaging speculation” from independent politicians who claimed this week they believed local law firms had hired private investigators to follow them. Read more about “Law Society slams ‘damaging speculation’” »
The Cayman Islands Law Society has released a statement condemning the Private Members Motion recently filed by opposition MLAs Winston Connolly and Arden McLean, concerned that this latest move will deflect from the urgent matter of updating Cayman’s laws that govern how legal practitioners operate. Read more about “Law Society condemns Private Members Motion” »
The Cayman Islands Law Society would not normally comment on speculation. However, in light of the fact that MLA Alva Suckoo has been reported as stating that he and his colleagues had reason to believe private eyes had been hired by local law firms to investigate some Independent Members of the Cayman Islands Government, we feel it is necessary to do so. Read more about “Statement from the Cayman Islands Law Society” »
We are aware of the recent Private Member’s motion by Mr. Arden McLean and Mr. Winston Conolly. We strongly object to the allegations of any breaches of the laws of the Cayman Islands and we are concerned that this motion is simply a means of diverting attention from the merits of the Legal Practitioners Bill (the “Bill”).
Read more about “Statement from the Cayman Islands Law Society” »