Revised Laws of Saint Lucia (2022)

2.   Interpretation

In this Act —

“alternative format” in relation to personal data, means a format that allows a person with a sensory disability to read or listen to the personal data;

“authorized officer” means an officer or employee acting under the direction of the Commissioner or an officer or employee to whom the Commissioner has delegated his or her powers under section 13;

“Caribbean Community” or “Community” means the Caribbean Community established by Article 2 and includes the Caribbean Single Market and Economy (CSME) established by the provisions of the revised CARICOM Treaty;

“Commissioner” —

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   (a)     means the Data Protection Commissioner appointed under section 5; and

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   (b)     includes an authorized officer of the Commissioner authorized by him or her in that behalf;

“correct” in relation to personal information, means to alter that information by way of correction, deletion, or addition; and “correction” has a corresponding meaning;

“Court” means the High Court or a Judge of the High Court;

“data” includes representations of facts, information or concepts that are being prepared or have been prepared in a form suitable for use in an electronic system including a computer program, text, image, sound, video and information within a database or electronic system;

“data controller” means a person who, either alone or with others, determines how personal data is processed; (Substituted by Act 2 of 2015)

“Data Protection Principles” includes the principles set out in Schedule 2;

“data subject” means the natural person who is the subject of personal data;

“document” —

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   (a)     means any medium in which information is recorded, whether printed or on tape or film or by electronic means or otherwise; and

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   (b)     includes any map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine readable record or any record which is capable of being produced from a machine-readable record by means of equipment or a program, or a combination of both, which is used for that purpose by the establishment which holds the record;

“enforcement notice” means a notice issued by the Commissioner under section 25;

“information notice” means a notice issued by the Commissioner under section 14;

“Minister” means the Minister responsible for Information and Broadcasting;

“Permanent Secretary” means the officer for the time being exercising the highest level of administrative functions within any Government Ministry;

“personal data” means information about a data subject that is recorded in any form including —

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   (a)     information relating to the race, national or ethnic origin, religion, age, sexual orientation, sexual life or marital status of the data subject;

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   (b)     information relating to the education, medical, criminal or employment history of the data subject or information relating to the financial transactions in which the individual has been involved or which refers to the data subject;

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   (c)     any identifying number, symbol or other particular designated to the data subject;

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   (d)     the address, fingerprints, Deoxyribonucleic Acid (DNA), or blood type of the data subject;

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   (e)     the name of the data subject where it appears with other personal data relating to the data subject or where the disclosure of the name itself would reveal information about the data subject;

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   (f)     correspondence sent to an establishment by the data subject that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; or

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   (g)     the views or opinions of any other person about the data subject;

“prescribed” means prescribed by the Regulations made by the Minister;

“privacy impact assessment” means an assessment that is conducted to determine if a proposed enactment, system, project, programme, activity or other function meets the requirements of the Data Protection Principles; (Inserted by Act 2 of 2015)

“processing” in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including —

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   (a)     organization, adaptation or alteration of the information or data;

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   (b)     retrieval, consultation or use of the information or data;

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   (c)     disclosure of the information or data by transmission, dissemination, or otherwise making available; or

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   (d)     alignment, combination, blocking, erasure or destruction of the information or data;

“public authority” includes any body, for the purposes of this Act —

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   (a)     established by or under the Constitution;

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   (b)     established by statute;

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   (c)     which forms part of any level or branch of Government;

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   (d)     owned, controlled or substantially financed by funds provided by Government or the State; or

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   (e)     carrying out a statutory or public authority function —

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   Except that a body referred to in paragraph (e) is a public authority only to the extent of its statutory or public functions;

“Register” means the Register of Data Controllers required to be kept by the Commissioner under section 49;

“Regulations” means Regulations made under section 74;

“relevant person”, in relation to a data subject, means —

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   (a)     where the data subject is a minor, a person who has parental authority over the minor or has been appointed as his or her guardian by the Court;

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   (b)     where the data subject is physically and mentally unfit, a person who has been appointed his or her guardian by the Court;

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   (c)     in any other case, a person duly authorized in writing by the data subject to make a request under section 52;

“sensitive personal data” means personal data consisting of information on a data subject's —

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   (a)     racial or ethnic origins;

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   (b)     political opinions;

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   (c)     religious beliefs or other beliefs of a similar nature;

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   (d)     physical or mental health or condition;

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   (e)     sexual orientation or sexual life; or

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   (f)     criminal or financial record;

“third party” means a person other than the data subject, the data controller and such other person who under the direct responsibility of the data controller is authorized to process personal data.