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Barbados has established a robust legal framework for data privacy through the Data Protection Act, 2019 (Act 2019-29), ensuring that personal data is handled securely and transparently. This legislation aligns with international best practices, particularly the EU General Data Protection Regulation (GDPR) (https://gdpr-info.eu/), and sets out clear requirements for organisations processing personal information. The Act is founded on key data protection principles, requiring that personal data be collected and processed lawfully, fairly, and transparently. Organisations must ensure that personal data is used only for specific, legitimate purposes, is adequate and relevant to its intended use, and is kept accurate and up to date. Furthermore, personal data should only be retained for as long as necessary and must be secured against unauthorised access, loss, or misuse. Any transfer of personal data outside Barbados is subject to strict safeguards, ensuring that data is only shared with countries that provide adequate levels of protection.
To empower individuals, the Act grants data subjects several rights over their personal information. Individuals have the right to access their data and request corrections to inaccurate information. They can also exercise their right to erasure (also known as the "right to be forgotten"), allowing them to request the deletion of their data under certain circumstances. Additionally, individuals have the right to restrict processing, object to their data being used for direct marketing, and request data portability, enabling them to transfer their information to another organisation in a structured format. Organisations which process personal data in Barbados must comply with strict obligations under the Act. Data controllers are required to register with the Data Protection Commissioner and ensure that they have a valid legal basis for collecting and processing personal information—whether through consent, contractual necessity, or legal obligation. Security measures must be in place to prevent unauthorised access, breaches, or misuse of personal data, and in the event of a data breach, organisations must notify both the Commissioner and affected individuals. To enforce compliance, the Office of the Data Protection Commissioner has been established with the authority to investigate violations, issue enforcement notices, and impose penalties. Organisations that fail to comply with the Act can face substantial fines, with penalties reaching up to $500,000 BBD for serious infractions.
