Comprehensive regime
Data Protection Act
Act 11 of 2011 (as amended by Act 2 of 2015), Laws of Saint Lucia, ss. 1-4, 32-43 and Schedule 2Official Act text, Revised Laws of Saint Lucia (2023 Revised Edition), Attorney General's Chambers
In force since 31 January 2023. Binds public and private bodies.
What this law does
Section 33 bars a data controller from collecting personal data except for a lawful purpose connected with its business and requires it to tell the data subject, at the point of collection, what is being collected, why, who will receive it, and the subject's rights of access, correction and destruction.
Section 34 bars processing personal data without the data subject's express consent unless a listed ground applies, such as performing a contract with the subject, complying with a legal obligation, or a legitimate interest that does not override the subject's privacy rights, and a breach of section 34 is an offence carrying a fine of up to $25,000.
Section 35 confines processing of sensitive personal data (racial or ethnic origin, political opinion, religious belief, health, sexual orientation, or criminal or financial record) to the grounds the Act lists, the subject's explicit consent, or data the subject has already published. Section 40 requires a data controller to keep personal data accurate and up to date.
Section 42 requires the data controller to take security measures appropriate to the risk of unauthorized access, alteration, or loss. Section 43 requires the data controller to destroy personal data once the purpose for holding it has lapsed. Section 4 binds the State as well as private actors. The Act binds a data controller established in Saint Lucia, or established elsewhere but using equipment in Saint Lucia to process data.
What it requires