Privacy Law at Bahamas
The Bahamas' Data Protection (Privacy of Personal Information) Act, 2003 (DPA) is the primary legislation governing the collection, processing, and protection of personal data within the country. Administered by the Office of the Data Protection Commissioner, this law applies to both public and private sector entities.
📜 Key Provisions of the Data Protection Act
1. Definition of Personal DataPersonal data is defined as information relating to a living individual who can be identified from the data or from the data in conjunction with other information in the possession of the data controlled.
2. Data Controller Obligations Data controllers are required to;
-Collect data lawfully and fairly. Ensure data is accurate and kept up to date -Retain data only for specified and lawful purposes, Implement appropriate security measures to prevent unauthorized access, alteration, or destruction of data.
3. Rights of Data Subjects Individuals have the right to
Access their personal data held by data controllers- Request corrections or erasure of inaccurate or unlawfully processed data, Object to the processing of their data in certain circumstance,
4. Exceptions to Data Protection - The DPA allows for exceptions in specific situations, such as-
Safeguarding national security, Preventing or detecting offenses, Protecting the health or safety of individuals, Complying with legal obligation
5. Enforcement and Penalties- Violations of the DPA can result in
Administrative Penalties: Fines up to BSD 100,000 for general violations, and up to BSD 10,000 per day for continuing violations
Criminal Penalties: Fines up to BSD 100,000 and imprisonment for knowingly contravening the Act
🏛️ Role of the Data Protection Commissioned
The Data Protection Commissioner is responsible for Enforcing the provisions of the DP. Investigating complaints and conducting audit, Issuing enforcement and prohibition notice.Promoting good data protection practices and public awareness
✅ Summary
The Data Protection Act of 2003 establishes a comprehensive framework for the protection of personal data in The Bahama. While it provides essential privacy safeguards, organizations are encouraged to implement robust data protection policies and practices to ensure compliance and protect individuals' privacy right.
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