Public Consultation on the Draft Data Protection Bill, 2025

The Office of The Data Protection Commissioner announces the launch of a public consultation on the draft Data Protection Bill, 2025, a landmark piece of legislation designed to modernize and strengthen The Bahamas' framework for data protection and privacy.
The Bahamas has long been a regional leader in this area, having been among the first Caribbean nations to enact legislation with the Data Protection (Privacy of Personal Information) Act, 2003.
That Act, which was largely based on the OECD Guidelines of 1980, provided an important
foundation for protecting personal information across the public and private sectors. However,
over the past two decades, the rapid evolution of technology, the emergence of new categories of data, and the increasing risks to personal privacy have made it clear that a comprehensive reform is necessary.
The draft Data Protection Bill, 2025 proposes to repeal and replace the existing Act with a
framework that reflects international best practices while being tailored to the specific needs of a small developing state such as The Bahamas. In particular, the Bill draws on principles
established under the European Union's General Data Protection Regulation (GDPR), which is widely recognized as the global gold standard for data protection, while also incorporating elements from more recently enacted regimes across the Caribbean. When enacted, the Bill would not only modernize The Bahamas' legal framework but also position the country
alongside regional counterparts such as Jamaica, the Cayman Islands, and Bermuda, which have recently updated their legislation to reflect similar standards.
The draft Bill significantly expands the rights of individuals by giving data subjects greater control over their personal information, while also imposing stronger responsibilities on data
controllers and processors to ensure transparency, accountability, and the secure management of personal data. Unlike the existing Act, which was narrowly framed and difficult to adapt to
technological changes, the new Bill has been carefully structured to anticipate emerging industries and innovations, including financial technology, digital assets, e-commerce,
biometrics, artificial intelligence, cloud computing, and other areas that rely heavily on the responsible use of data.
In developing the draft legislation, particular consideration was given to the findings of the
Economic Commission for Latin America and the Caribbean (ECLAC), which in 2020 reviewed The Bahamas' existing law and identified significant deficiencies when compared to the GDPR

and other international standards. The new Bill directly addresses these shortcomings, creating a modern, comprehensive, and adaptable framework that can meet the challenges of a rapidly
evolving digital economy.

Members of the public, businesses, civil society organizations, and industry stakeholders are invited to review the draft Bill and submit comments, recommendations, or concerns as part of this consultation exercise. We will announce a public forum to take place in early September.

The Office of the Data Protection Commissioner emphasizes that active public participation is vital in shaping this important legislation. Comments can be sent to
[email protected]