Privacy Law at Guyana
Guyana's Data Protection Act, enacted in August 2023, establishes a comprehensive legal framework to safeguard personal data and privacy. Modeled after international standards such as the European Union's General Data Protection Regulation (GDPR), the Act aims to regulate the collection, processing, and dissemination of personal data by both public and private entities.
Key Provisions of the Data Protection Act
Lawful and Transparent Data Processing: Personal data must be processed lawfully, fairly, and transparently, ensuring that individuals' rights are respected.
Purpose Limitation: Data should be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes.
Data Minimization and Accuracy: Only data necessar for the intended purpose should be collected, and it must be accurate and kept up to date.
Security Measures: Appropriate technical and oranizational measures must be implemented to protect data from unauthorized access, disclosure, alteration, and destruction.
Rights of Data Subjects: Individuals have the right to access their personal data, rectify inaccuracies, erase data, and object to processing under certain conditions.
Consent Requirements: Consent must be freely given, informed, specific, and unambiguous. It can be withdrawn at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Data Protection Office: The Act establishes a Data Protection Office, headed by a commissioner appointed by the President, responsible for overseeing and enforcing compliance with the legislation.
Penalties for Non-Compliance
The Data Protection Act stipulates both administrative and criminal penalties for violations:
Administrative Penalties: Fines up to GYD 20 million for severe violations, GYD 10 million for unauthorized processing, and GYD 5 million for failure to maintain required documentation.
Criminal Penalties: Fines up to GYD 20 million and imprisonment for intentional violations, GYD 10 million for providing false information, and GYD 5 million for obstructing investigations.
In conjunction with the Data Protection Act, Guyana has also passed the Open Data Bill, which promotes transparency by mandating the publication of public data in accessible formats. While the Data Protection Act focuses on personal data privacy, the Open Data Bill addresses the responsible use of public data, ensuring that personal information is not disclosed inappropriately.
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