Definition of Data

Data 'means information in a form in which it can be processed'.

Main Focus of Document

Formulated to ensure protection of data and privacy of Bahamian Residents.

Target Beneficiaries or Sector

Bahamians

Key Elements

Provides for the privacy of individuals relating to personal data and regulates the collection, processing, keeping and use and disclosure of persons information. Key elements include:
15. (1) The Commissioner may investigate, or cause to be investigated, whether any of the provisions of this Act have been, are being or are likely to be contravened by a data controller or a data processor in relation to an individual either where the individual complains to him of a contravention of any of those provisions or he is otherwise of the opinion that there may be such a contravention.
 (2) Where a complaint is made to the Commissioner under subsection (1), the Commissioner shall —
(a) investigate the complaint or cause it to be investigated, unless he is of the opinion that it is frivolous or vexatious; and 
(b) as soon as may be, notify the individual concerned in writing of his decision in relation to the complaint and that the individual may, if aggrieved by his decision, appeal against the decision under section 24. 
(3) If the Commissioner is of the opinion that a data controller or a data processor, has contravened or is contravening a provision of this Act (other than a provision the contravention of which is an offence), the Commissioner may, by notice in writing (referred to in this Act as an enforcement notice) served on the person, require him to take such steps as are specified in the notice within such time as may be so specified to comply with the provision concerned.
 (4) Without prejudice to the generality of subsection (3), if the Commissioner is of the opinion that a data controller has contravened section 6, the relevant enforcement notice may require him — 
(a) to rectify or erase any of the data concerned; or 
(b) to supplement the data with such statement relating to the matters dealt with by them as the Commissioner may approve; and as respects data that are inaccurate or not kept up to date, if he supplements them as aforesaid, he shall be deemed not to be in contravention of subsection (1)(b) of section 6.

29. (1) A person guilty of an offence under this Act shall be liable — 
(a) on summary conviction, to a fine not exceeding two thousand dollars; or 
(b) on conviction on information, to a fine not exceeding one hundred thousand dollars. 
(2) Where a person is convicted of an offence under this Act, the court may order any data material which appears to the court to be connected with the commission of the offence to be forfeited or destroyed and any relevant data to be erased. 
(3) The court shall not make an order under subsection (2) in relation to data material or data where it considers that some person other than the person convicted of the offence concerned may be the owner of, or otherwise interested in, the data unless such steps as are reasonably practicable have been taken for notifying that person and Hearing of proceedings. 

Policy/Regulation Mirrors

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