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Whistleblower Protection Laws in Cayman Islands Under Scrutiny

A recent report from the Office of the Ombudsman in the Cayman Islands has shed light on concerns over the effectiveness of whistleblower protection laws in the territory. The annual report for 2020, released last week, highlights a stark contrast between the number of whistleblower reports made during the year and previous years.

Whistleblower Protection Act Under Fire

According to the report, only six whistleblower reports were made during the year, compared to just two in 2019. Critics argue that the Whistleblower Protection Act provides inadequate protection for those who speak out, as it only offers a remedy after an employer takes detrimental action against an employee.

Lack of Confidence in the System

Ombudsman Sandy Hermiston has expressed concerns over the lack of confidence in the whistleblower protection system and plans to make recommendations to the Parliamentary committee regarding changes to the legislation. The report suggests that people are reluctant to come forward with protected disclosures due to fears that they could be fired from their jobs without any legal recourse.

Growing Concerns Over Data Breaches and Freedom of Information Complaints

The report also highlights the growing number of data breaches and freedom of information complaints in the territory. The Ombudsman’s office received 87 reports of data breaches in 2020, a significant increase from previous years, and issued several enforcement orders against government agencies and private sector entities for failing to protect personal data.

Police Misconduct Complaints on the Rise

In addition, the report notes that there has been an increase in police misconduct complaints, with 52 reported in 2020 compared to just 33 in 2019. The Ombudsman’s office is calling on the Royal Cayman Islands Police Service to improve its treatment of the public and ensure that officers are acting in a professional and respectful manner.

Strengthening Internal Complaints Procedures

The report also highlights the importance of strengthening internal complaints procedures within government entities and ensuring that civil servants have access to fair and lawful administrative processes. The Ombudsman’s office will continue to monitor these issues and work towards improving transparency and accountability in the territory.