Last modified 28 January 2024

Data Protection in Barbados

Data protection lawyers in Barbados

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Law

Data protection laws in Barbados

The Data Protection Act (the "Act") was passed on August 12, 2019, and came into force in March 2021. Some provisions of the Act are yet to be proclaimed. The purpose of the Act is to regulate the collection keeping, processing, use and dissemination of personal data and to protect the privacy of individuals in relation to their personal data. Some provisions of the Act are yet to be proclaimed.

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Definitions

Definitions in Barbados

Definition of Personal Data

"Personal data" means data which relates to an individual who can be identified:

from that data; or
from that data together with other information which is in the possession of or is likely to come into the possession of the data controller.

Definition of Sensitive Personal Data

"Sensitive personal data" means personal data consisting of information on a data subject's:

racial or ethnic origin;
political opinions;
religious beliefs or other beliefs of a similar nature;
membership of a political body;
membership of a trade union;
genetic data;
biometric data;
sexual orientation or sexual life;
financial record or position;
criminal record; or
proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court of competent jurisdiction in such proceedings.

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Authority

National data protection authority in Barbados

The Data Protection Commissioner (the "Commissioner") was appointed with effect from July 15, 2021 and is responsible for the general administration of the Act.

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Registration

Registration in Barbados

A data controller must be registered in the Register of Data Controllers.

A data processor must be registered in the Register of Data Processors.

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Data protection officers

Data protection officers in Barbados

The data controller and the data processor must designate a data privacy officer where:

the processing is carried out by a public authority or body, except for a court of competent jurisdiction acting in their judicial capacity;
the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope and their purposes, require regular and systematic monitoring of data subjects on a large scale; or
the core activities of the data controller or the data processor consist of processing on a large scale of sensitive personal data.

The data privacy officer must be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the duties and functions as set out under the Act.

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Collection and processing

Collection and processing in Barbados

Where personal data relating to a data subject is collected from the data subject, the data controller must, at the time when personal data is obtained, provide the data subject with the following:

the identity and the contact details of the data controller and, where applicable, of the data controller's representative;
the contact details of the data privacy officer, where applicable;

Processingof personal data is only lawful where:

the data subject has given consent to the processing of his personal data for one or more specific purposes; or
the processing is necessary
- for the performance of a contract to which the data subject is a party;
- for the taking of steps at the request of the data subject with a view to entering into a contract;
- for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract;
- in order to protect the vital interests of the data subject;
- for the administration of justice;
- for the exercise of any functions of either House of Parliament;
- for the exercise of any functions conferred on any person by or under any enactment;
- for the exercise of any functions of a public authority;
- for the purposes of legitimate interests pursued by the data controller or by the third party to whom the data is disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject; or
- processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

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Transfer of personal data

Transfer of personal data in Barbados

Transfer of personal data is unlawful unless certain conditions are satisfied. Where the data subject has given their consent to the transfer of their personal data, the restrictions on the transfer of the data do not apply. The Act also sets out various other exemptions for the restrictions where transfer of the personal data is necessary e.g. for the performance of a contract between the data subject and the data controller, reasons of substantial public interest, for the purpose of obtaining legal advice, etc.

Personal data obtained must not be transferred to a country or territory outside Barbados unless that country or territory provides for (a) an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data and (b) appropriate safeguards on condition that the rights of the data subject are enforceable and there are available, effective legal remedies for data subjects.

The circumstances for determining an adequate level of protection as well as methods for providing appropriate safeguards including the development of binding corporate rules must submitted to the Commissioner for authorisation.

The "binding corporate rules" must specify (but not limited to) the following:

the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members;
the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question;
their legally binding nature, both in and outside of Barbados.

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Security

Security in Barbados

The data controller and the data processor must implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

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Breach notification

Breach notification in Barbados

In certain circumstances, a data controller is required to report to the Commissioner data breaches which have affected a data subject.

Mandatory breach notification

Where there is a personal data breach the data controller must without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the Commissioner, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of an individual.

Where a personal data breach is likely to result in a high risk to the rights and freedoms of individuals, the data controller must communicate the personal data breach to the data subject without undue delay and, where feasible, not later than 72 hours after having become aware of it.

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Enforcement

Enforcement in Barbados

Where the Commissioner is satisfied that a data controller or a data processor has contravened or is contravening this Act, the Commissioner may serve him an "enforcement notice".

In deciding whether to serve an enforcement notice, the Commissioner must consider whether the contravention has caused or is likely to cause any person damage or distress.