Antigua and Barbuda

Section 5 requires a data user to obtain a data subject's consent before processing personal data other than sensitive personal data, subject to alternative grounds including contract performance, legal obligation, vital interests and the administration of justice. Section 6 requires a data user, on request, to tell a data subject the purposes of collection, the source of the data, the classes of third party recipients, and whether supplying the data is obligatory.

Section 7 bars disclosure of personal data for a purpose other than the one notified at collection, absent consent or a listed exception, and section 8 requires practical security steps against loss, misuse or unauthorised access, extending to a data processor engaged by the data user. Section 9 bars retaining personal data longer than necessary and section 10 requires a data user to keep personal data accurate and up to date.

Sections 11 through 17 give a data subject the right to access personal data held about them within thirty days of a written request, subject to listed exemptions and extensions, and the right to have inaccurate, incomplete, misleading or irrelevant personal data rectified.

Section 18 bars processing sensitive personal data (health, sexual orientation, political opinion, religious belief, or an alleged offence) except on the data subject's explicit consent or a listed ground such as employment law, vital interests, medical purposes or legal proceedings, and makes an unlawful processing of sensitive personal data an offence carrying a fine of up to two hundred thousand dollars or imprisonment of up to three years, or both.

Section 19 exempts personal, family or household processing, and processing for crime prevention, court orders, statistics and research, regulatory functions, and journalistic, literary or artistic purposes, from some or all of the principles above.

Section 21 assigns the Information Commissioner appointed under the Freedom of Information Act 2004 the powers, functions and duties needed to enforce this Act, and section 23 makes a contravention of the Act for which no other penalty is specified an offence carrying, for an individual, a fine of up to fifty thousand dollars or imprisonment of up to three years on summary conviction, or a fine of up to one hundred thousand dollars or imprisonment of up to five years on conviction on indictment, and for a body corporate, a fine of up to two hundred thousand dollars on summary conviction or five hundred thousand dollars on indictment.

Section 3(1) prohibits a person from intentionally, without lawful excuse or justification, accessing an electronic system or network, downloading, copying or extracting data or an electronic database from it, introducing a contaminant or malicious code, damaging or disrupting the system, denying an authorised person access to it, or destroying or altering source code with intent to cause damage.

The trigger is the absence of a "lawful excuse or justification" for the access, rather than a requirement to infringe a security measure, so the provision reads on its face more broadly than a statute limited to defeating an access control; a service that publishes a page for open, unauthenticated public access would ordinarily give a visitor a lawful excuse to access and copy it.

The offence carries a fine of up to two hundred thousand dollars or imprisonment of up to three years, or both, on summary conviction, or a fine of up to five hundred thousand dollars or imprisonment of up to seven years, or both, on conviction on indictment.

Section 15(2) makes a compilation of data or other material, described in the Act as a database, eligible for protection only as a literary work, and only where the selection or arrangement of its contents is the author's own intellectual creation; that protection does not reach the underlying data itself, and the Act creates no separate sui generis database right.

Section 52 lets a person deal fairly with a literary, dramatic, musical or artistic work for the purposes of research or private study without infringing copyright, and section 53 lets a person, once a work has been lawfully disclosed, fairly deal with it for the purposes of criticism or review, or (other than a photograph) for reporting current events, without infringing copyright, so long as it is accompanied by a sufficient acknowledgement.

Section 6(9)(a) excludes an idea, concept, method of operation, process, principle, procedure, system, discovery or mere data from copyright protection even where expressed in a work, so a bare fact or item of data is never itself a protected work under Antiguan law.

Section 15(2) makes a compilation of data or other material, described in the Act as a database, eligible for protection only as a literary work, and only where the selection or arrangement of its contents is the author's own intellectual creation; that protection does not reach the underlying data itself, and the Act creates no separate sui generis database right of the kind the European Union's Database Directive provides.

Section 52 lets a person deal fairly with a literary, dramatic, musical or artistic work for the purposes of research or private study without infringing copyright, and section 53 separately lets a person, once a work has been lawfully disclosed, fairly deal with it for the purposes of criticism or review of that or another work, or (other than a photograph) for the purpose of reporting current events, without infringing copyright, so long as it is accompanied by a sufficient acknowledgement; no acknowledgement is required where current events are reported by sound recording, film, broadcast or cable programme.

Section 54 directs a court assessing fair dealing to weigh the nature of the work, the extent and substantiality of the part used relative to the whole, the purpose and character of the use, and the effect of the use on the work's potential market or commercial value.