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Due Diligence Policy 2019 October 7 – Application for the Grant and Renewal of Licences & Application for Approval of Assignment or Transfer of Licences or Transfer of Control of Operations

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Due Diligence Policy 2019 October 7 – Application for the Grant and Renewal of Licences & Application for Approval of Assignment or Transfer of Licences or Transfer of Control of Operations

INTRODUCTION

  1. The Office of Utilities Regulation (Office/OUR) in carrying out its functions must ensure that due diligence procedures are applied when processing licence applications relative to the provision of prescribed utility services. Prescribed utility services refer to the provision of telecommunications, water, sewerage and electricity services (hereinafter referred to as “utility services”).
  2. For the purpose of this policy, a due diligence review is a systematic process of enquiry, investigation and assessment conducted by the Office to satisfy itself that an applicant can be recommended for the grant or renewal of a licence to provide utility services. For the purpose of this policy a reference to the grant of licence includes a renewal of licence.
  3. The due diligence process outlined in this policy is designed to ensure that the Office adheres to the legislative requirements prior to making a recommendation for the grant of licence. The policy seeks to ensure that there are adequate controls and procedures in place to ensure that a successful applicant for the grant of a licence fulfils the legal criteria, including being a fit and proper person for whom a recommendation for the grant of a licence can be made by the OUR to the responsible Minister.

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Office Of Utilities Regulation
Privacy Overview

Data Protection — Privacy Notice for Information Request
This privacy notice tells you how the Office of Utilities Regulation (OUR) collects and uses the personal data of individuals who will participate in our Satisfaction Survey for Major Service Providers.

What Types of personal data are we collecting?

  • Names
  • Job Titles
  • Work contact number
  • Work email address

 

What is the legal basis for asking for this information?
The legal basis for collecting personal data is legitimate interests.  The OUR is requesting information based on its legitimate interest in conducting this survey, which necessitates obtaining personal data. The legitimate interest, in this case, relates to fulfilling the project's purpose.

Why are we asking for this information?
The OUR believes it is important to assess the views of various participants in the electricity, telecommunications, and water and sewerage sectors it regulates, particularly the major service providers: Jamaica Public Service Company Limited, the National Water Commission, FLOW, and Digicel Jamaica Limited. Through this research, the OUR aims to evaluate these major service providers' knowledge, attitudes, and perceptions specifically regarding:

  • the roles and functions of the OUR.
  • the service providers' knowledge and perception of the OUR and
  • the extent to which the service providers believe the OUR is performing satisfactorily and executing its mandate efficiently.

The OUR intends to utilize the research findings to review its processes and procedures related to these major service providers.

 

What will we do with personal data?

The data will be used to contact participants to provide opportunities to collect qualitative and quantitative data for analysis. The information will be kept on a secured server, where it will be stored in accordance with the Data Protection Act, 2020 for four (4) years.

 

How will we protect personal data and how long will it be stored?

We have implemented appropriate technical and organizational measures to ensure that we keep personal data safe and comply with data protection laws. The information will be stored on a physically secured server, accessible only to authorized personnel. The OUR has implemented several controls to protect the data, including password protection, multi-factor authentication, firewalls, anti-virus software, VPNs, and Data Encryption.

The personal data will be stored for four (4) years, after which it will be disposed of in accordance with the OUR Business Classification Scheme and Records Retention and Disposition Authority.

 

Who will utilize the personal data?

The data will be collected by a third-party consultant who will be conducting the survey.

 

What are the rights of data subjects?

Participants can change their minds or withdraw their consent to use their personal data at any time.

 

Participants have the right to ask us to delete their personal data. To do this, they can send an email to dpo@our.org.im. They also have the right to ask us to update and rectify the personal data that we hold about them.