Barbados Data Protection Act of 2019

Overview

Below is an outline for Barbados Data Protection Act of 2019. If you’re a member, then you can log into the Library and view it in your browser using the email address you signed up with. PS. Only members can successfully log in.

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Outline

Preliminary
Short Title
Interpretation
Application of Act

Data Protection Principles
Principles Relating to Processing of Personal Data
Fairness of Processing
Lawfulness of Processing
Conditions for Consent
Conditions Applicable to Child's Consent
Processing of Sensitive Personal Data

Rights of a Data Subject
Right of Access
Right to Rectification
Right to Erasure
Right to Restriction of Processing
Notification Regarding Rectification or Erasure of Personal Data or Restriction of Processing of Personal Data
Right to Data Portability
Right to Prevent Processing Likely to Cause Damage or Distress
Right to Prevent Processing for Purposes of Direct Marketing
Automated Individual Decision-making, Including Profiling
Information to Be Provided Where Personal Data Is Collected from the Data Subject
Information to Be Provided Where Personal Data Has Not Been Obtained from the Data Subject
Transparent Information, Communication and Modalities for the Exercise of the Rights of the Data Subject

Transfers of Personal Data Outside of Barbados
General Principle for Transfers
Adequate Level of Protection
Appropriate Safeguards
Binding Corporate Rules
Derogations
Non-compliance
Substantial Public Interest

Exemptions
References to Subject Information Provisions and Non-disclosure Provisions
National Security
Crime and Taxation
Health, Education and Social Work
Regulatory Activity
Journalism, Literature and Art
Research, History and Statistics
Manual Data Held by Public Authorities
Information Available to the Public by or under Enactment
Disclosures Required by Law or Made in Connection with Legal Proceedings
Parliamentary Privilege
Legal Professional Privilege
Domestic Purposes
Confidential References given by the Data Controller
Armed Forces
Judicial Appointments and Honours
Appointments to Public Service
Corporate Finance
Negotiations with Data Subject
Examinations
Powers to Make Further Exemptions by Order

Data Controller and Data Processor
Data Controllers Must Be Registered
Register of Data Controllers
Notification of Changes in Respect of a Data Controller
Responsibility of the Data Controller
Data Protection by Design and by Default
Data Processors Must Be Registered
Register of Data Processors
Notification of Changes in Respect of a Data Processor
Data Processor
Processing under the Authority of the Data Controller or Data Processor
Records of Processing Activities
Cooperation with the Commissioner
Security of Processing
Notification of a Personal Data Breach to the Commissioner
Communication of a Personal Data Breach to the Data Subject
Data Protection Impact Assessment
Prior Consultation
Designation of the Data Privacy Officer
Position of the Data Privacy Officer
Duties and Functions of a Data Privacy Officer

Data Protection Commissioner
Data Protection Commissioner
Functions of Commissioner
Staff
Confidential Information
Indemnity
Report

Enforcement
Enforcement Notice
Cancellation of Enforcement Notice
Request for Assessment
Information Notice
Special Information Notice
Determination by Commissioner as to the Purposes of Journalism or Artistic or Literary Purposes
Restriction on Enforcement in Case of Processing for the Purposes of Journalism or for Artistic or Literary Purposes
Failure to Comply with Notice
Service of Notice by Commissioner
Warrants
Execution of Warrants
Matters Exempt from Inspection and Seizure
Return of Warrants
Obstruction of Execution of a Warrant

Data Protection Tribunal
Establishment of the Data Protection Tribunal
Right of Appeal
Determination of Appeals

Miscellaneous
Right to Compensation and Liability
Unlawful Obtaining of Personal Data
Administrative Penalty
Disclosure of Information
Act Binds Crown
Amendment of Schedule
Regulations

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This article was contributed by Jason Jacobs from Guyana. Jason is a member of the Caribbean CSPA. 

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