Right to erasure

12.(1) The data subject shall have the right to obtain from the data controller the erasure of personal data concerning him without undue delay.

(2) The data controller shall erase personal data, without undue delay, where one of the following grounds applies

(a) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

(b) the data subject withdraws consent where the .processing is done pursuant to section 6(1)(a) or section 9(1)(a), and where there is no other legal ground for the processing;

(c) the data subject objects to the processing pursuant to section 16 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to section 17;

(d) the personal data has been unlawfully processed;

(e) the personal data has to be erased in compliance with a legal obligation in Barbados to which the data controller is subject.

(3) Where the data controller has made the personal data public and is obliged pursuant to subsection (1) or (2) to erase the personal data, the data controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform data controllers who are processing the personal data that the data subject has requested the erasure by such data controllers of any links to, or copy or replication of, the personal data.

(4) Subsections (1), (2) and (3) shall not apply to the extent that processing is necessary

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing by any enactment to which the data controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;

(c) for reasons of public interest in the area of public health;

(d) for archiving for the purposes of research, history or statistics in accordance with section 35; or

(e) for the establishment, exercise or defence of legal claims