GuyanaData Protection Act 2023, sensitive personal data and children's consent
Data Protection Act 2023, ss. 8-9 (child's consent and sensitive personal data)
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent, Biometric
As of .
What it requires
- Once the Data Protection Act 2023 is commenced, do not process sensitive personal data, which includes genetic data, biometric data, health records, financial and criminal records and data on racial or ethnic origin, political opinions, religious beliefs, trade-union membership or sexual life, unless the data subject consents or another ground in section 9(1) applies.
- Process a child's personal data only where the child's parent or guardian gives or authorizes consent, and make reasonable efforts, taking available technology into account, to verify that consent.
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 9(1) prohibits the processing of sensitive personal data unless one of the listed grounds applies, the first being the data subject's consent. Section 2 defines sensitive personal data to include genetic data, biometric data, health records, financial records, criminal records, racial or ethnic origin, political opinions, religious beliefs, trade-union membership and sexual orientation or sexual life.
Section 9(2) lets the Minister specify by order further circumstances in which sensitive personal data may be processed. Section 8(1) makes the processing of a child's personal data lawful only where and to the extent that the child's parent or guardian gives or authorizes consent. Section 8(2) requires the controller to make reasonable efforts to verify that consent, taking available technology into account.
Section 1 provides that the Act comes into operation on the day the Minister appoints by order, and that different days may be appointed for different provisions. The Act was gazetted on following passage on . No commencement order has been located.
When LexLint raises it
When your app profile says your app crawls the web, trains models, processes biometric data, handles health records or serves under-18s.