Privacy Law at Antigua and Barbuda
Antigua and Barbuda's Data Protection Act, 2013 establishes a comprehensive legal framework for safeguarding personal data, aligning with international privacy standards.
📜 Key Principles of the Act
The Act delineates several core principles to ensure data protection
Notice and Choice: Data users must inform individuals about the purposes of data collection, their rights, and any third parties with access to the data
Disclosure:Personal data cannot be disclosed without consent, except under specified lawful circumstances
Security:Data users are required to implement practical measures to protect personal data from unauthorized access, alteration, or destruction
Retention:Personal data should not be kept longer than necessary for its intended purpose
Data Integrity:Data must be accurate, complete, and relevant
Access:Individuals have the right to access and correct their personal data
🧾 Rights of Data Subjects
The Act grants individuals several rights concerning their personal dat:
Right to Access Individuals can request access to their personal data held by public or private entitie
Right to Rectification Individuals can request corrections to inaccurate or incomplete data.
Right to Erasure Individuals can request the deletion of their personal data under certain condition.
Right to Object Individuals can object to the processing of their personal data in specific circumstance.
⚖️ Enforcement and Penalties
The Information Commissioner is responsible for enforcing the Ac. Violations can result in:
Summary Conviction A fine up to $50,000 or imprisonment for up to 3 year
Conviction on Indictment A fine up to $100,000 or imprisonment for up to 5 year.
🛡️ Exemption
The Act provides exemptions for:
*Personal, Family, or Household Affairs: Data processed solely for personal or household purposes is exemt.
*Law Enforcement and Legal Proceedings: Data processed for crime prevention, legal advice, or proceedings may be exempt from certain provisios
*Journalistic, Literary, or Artistic Purposes: Data processed for these purposes may be exempt if compliance with the Act would be incompatible with the objectivs.
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