Functions of Commissioner

71. Without prejudice to the generality of the functions set out in this Act, the functions of the Commissioner are to

(a) monitor and enforce the application of this Act;

(b) promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing;

(d) organise activities addressed specifically to children to educate them about the risks, rules, safeguards and rights in relation to processing;

(e) conduct, at his own discretion or where requested to do so by any person, an audit of the personal data processed by the person, for the purpose of ascertaining whether or not the data is processed in accordance with this Act;

(f) upon request, provide information to any data subject concerning the exercise of their rights under this Act;

(g) monitor the processing of personal data and, in particular, sensitive personal data, and any other matter affecting the privacy of persons in respect of their personal data, and

(i) report to the Minister on the results of that monitoring; and

(ii) where appropriate, make recommendations on the need for, or desirability of, taking legislative, administrative or other action to give protection or better protection, to the privacy of persons in respect of their personal data;

(h) examine any proposed legislation or proposed policy of the Government that

(i) the Commissioner considers may affect the privacy of persons in respect of their personal data; or

(ii) provides for the collection of personal data by any public authority or the disclosure of personal data by one public authority to another public authority,

and report to the Minister the results of that examination;

(i) conduct investigations on the application of this Act, including on the basis of information received from a public authority;

(j) receive and invite representations from members of the public on any matter affecting the privacy of persons in respect of their personal data;

(k) consult and cooperate with other persons concerned with the privacy of persons in respect of their personal data;

(l) make suggestions to any person in relation to any matter that concerns the need for, or the desirability of, action by that person in the interest of the privacy of persons in respect of their personal data;

(m) provide, at his own discretion or where requested to do so, advice to any Minister, public authority or person on any matter relevant to the operation of this Act;

(n) inquire generally into any matter, including any law, practice or procedure, whether governmental or non-governmental, or any technical development, where it appears to the Commissioner that the privacy of persons in respect of their personal data is being or may be infringed thereby;

(o) undertake research into, and monitor developments in, data processing and computer technology to ensure that any adverse effects of such developments on the privacy of persons in respect of their personal data is minimised, and report to the Minister the results of such research and monitoring;

(p) report to the Minister on the desirability of the acceptance, by Barbados, of any international instrument relating to the privacy of persons in respect of their personal data;

(q) monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;

(r) prepare appropriate codes of practice for the guidance of persons processing personal data;

(s) recommend the adoption and development of standard contractual clauses and standard data protection clauses pursuant to this Act;

(t) establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to section 65(5) and (6);

(u) investigate complaints from persons concerning abuses in the processing of personal data;

(v) approve binding corporate rules pursuant to section 25;

(w) keep internal records of contraventions of this Act and of measures taken to address those contraventions;

(x) do anything incidental or conducive to the performance of any of the preceding functions; and

(y) exercise such other functions as are conferred or imposed on the Commissioner by or under this Act or any other enactment.

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