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Law / Saint Lucia

Data Protection Act, transfer of personal data

Act 11 of 2011, s. 45 (transfer of personal data)

A cross border transfer rule binding public and private bodies.

Obligation class
Transfer
Audit expectation
none

What it requires

  • Section 45's restriction on transferring personal data outside Saint Lucia is enacted and not in force, so a data controller currently has no statutory duty under this Act to secure Commissioner authorization or comparable safeguards before an international transfer.
  • Once section 45 is in force, transfer personal data outside Saint Lucia only where the receiving country or territory has comparable safeguards and the Commissioner has authorized the transfer, or a listed exception applies, such as the data subject's consent, contractual necessity, national or public security, or Commissioner-approved terms.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST Privacy Framework
  • CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
FINOS AIGF

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

What it makes you log

Logging duty

Section 45 bars a transfer of personal data outside Saint Lucia unless the destination has comparable safeguards and the Commissioner has authorized the transfer, with exceptions for consent, contract, public security and terms the Commissioner approves. The authorization comes from the Commissioner and is a permission, and the section makes the controller keep no record of a transfer. The section states no scope clause, so no territorial hook is coded.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 45 would bar a data controller from transferring personal data to a country or territory outside Saint Lucia unless the receiving country or territory has comparable safeguards to those in Saint Lucia and the Commissioner has authorized the transfer, subject to exceptions where the data subject consents, the transfer is necessary for a contract with or requested by the data subject, it is necessary to safeguard national security, it concerns public security, or the Commissioner approves the transfer's terms as adequately safeguarding the data subject's rights.

Section 45 sits at the end of Part 3 alongside the data-controller obligations, and it is enacted and not in force, so no transfer condition binds a data controller today. Schedule 2's Eighth Principle, the Transfer of Data Principle, restates the same rule by reference to section 45. The 2015 Act left both untouched. No notice appointing the day these provisions come into force has been located.

When LexLint raises it

When your app profile says your app distributes a software product, ships a mobile app or processes personal data.

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