Revised Laws of Saint Lucia (2022)

9.   Functions of the Commissioner

The Commissioner shall —

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   (a)     create and maintain a register of all data controllers;

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   (b)     create and maintain a public register of all processing operations according to notifications submitted to him or her as specified in this Act;

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   (c)     exercise control on all data processing activities and, either of his or her own motion or at the request of a data subject, verify whether the processing of data is carried on in accordance with this Act or the Regulations;

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   (d)     promote self-regulation among data controllers;

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   (e)     instruct the data controller to take such measures as may be necessary to ensure that the data processing is undertaken in accordance with this Act or the Regulations;

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   (f)     receive and investigate reports and claims from data subjects or associations representing the data subject violations of this Act or the Regulations, and take such remedial action as he or she considers necessary or as may be prescribed under this Act, and to inform such data subjects or associations of the outcome;

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   (g)     issue such directions or public statements as may be required of him or her for the purposes of this Act;

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   (h)     encourage the drawing up of suitable codes of conduct by the various sectors affected by this Act and ascertain that the provisions of such codes are in accordance with this Act and for such purpose the Commissioner may seek the views of data subjects or their representatives;

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   (i)     take such measures as may be necessary so as to bring the provisions of this Act to the knowledge of the general public;

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   (j)     promote by education and publicity, an understanding and acceptance of the data protection principles and of the objects of the principles;

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   (k)     advise the Government on any legislative measures that are required to be taken in relation to privacy and data protection;

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   (l)     inquire generally into any matter including an enactment or law or any practice or procedure whether governmental or non-governmental, or any technical development if it appears to the Commissioner that the privacy of data subjects is being or may be infringed;

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   (m)     examine any legislation that makes provision for the collection of personal data by any public authority or the disclosure of personal data by one public authority to any other public authority and report to the Minister the results of that examination;

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   (n)     either of his or her own motion or on request, report to the Minister as the need arises on any matter affecting the privacy of a data subject, including any recommendations relating to the need for or the desirability of, taking legislative, administrative or other action to give protection, or better protection, to the privacy of the data subject;

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   (o)     collaborate with supervisory authorities of other countries to the extent necessary for the performance of his or her functions or duties, in particular by exchanging all useful information, in accordance with any Convention to which Saint Lucia is a party or any other international obligation of Saint Lucia;

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   (p)     generally monitor compliance by governmental and non-governmental bodies with this Act and the Regulations;

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   (q)     prepare and issue or approve, in consultation with the Minister, appropriate codes of practice or guidelines for the guidance of business persons and institutions handling personal data;

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   (r)     undertake research into and monitor developments in data processing and computer technology to ensure that any adverse effects of such developments on the privacy of data subjects are minimized, and include the results of such research and monitoring, if any, in his or her annual report in accordance with section 73;

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   (s)     provide advice, with or without request, to a Minister or a public authority on any matter relevant to the operation of this Act and report to the Minister as the need arises on the desirability of the acceptance by Saint Lucia of any international instrument relating to the privacy of data subjects;

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   (t)     ensure compliance with this Act and the Regulations;

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   (u)     do any thing incidental or conducive to the performance of any of the preceding functions; and

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   (v)     exercise and perform such other functions as are conferred or imposed on the Commissioner under this Act, or any other enactment.