State of Privacy Laws in CARICOM/CARIFORUM: Presentation at the Caribbean IGF 2018

I was pleased to be asked to co-present with Carlton Samuels at the just-concluded Caribbean Internet Governance Forum (“CIGF”). The CIGF, which was held in Suriname this year, is in its 14th year – which makes it, arguably, the longest running regional IGF in the entire world. This year’s agenda was fairly heavy on the […]

Guest Spot on the ICT Pulse Podcast discussing GDPR

I was really pleased to discuss the impending General Data Protection Regulation (GDPR) with Michele Maurius of ICT Pulse recently. On the eve of the GDPR’s commencement, it offered an opportunity to discuss the scope of the new law and, importantly, the potential extra-territorial implications for the Caribbean. Link: http://www.ict-pulse.com/2018/05/ictp-005-nuts-bolts-gdpr-bartlett-morgan/      

Enforcement powers clarified under updates to Barbados Telecommunications Act

Enforcement powers under Barbados’ Telecommunications Act are now more expansive and clear-cut following recent amendments. The newly passed Telecommunications (Amendment) Act, 2018-10 expressly extends the circumstances in which various enforcement-related activities such as injunctions, search and seizure orders and the issue of warrants may occur. Prior to the amendment, invocation of enforcement powers was almost exclusively grounded […]

Breach of confidentiality: Aswan v National Commercial Bank and a few lessons for Software Developers

Following the Jamaican High Court decision in Aswan v National Commercial Bank, even if a contractual provision provides for confidentiality in your dealings, it may not be enough to protect your intellectual property interests if your actions, subsequent to the entry into the contract, suggest that you are o.k. with your confidential information being disclosed […]

Published: The Why and How of Taking Privacy Seriously

I recently published an article with practical tips for businesses who wish to give serious consideration to privacy and protecting their customers’ data. My article appears in Vol 4 of the Exporter magazine which is published by the Barbados Coalition of Service Industries. This edition of the magazine’s theme is “ICT in a 21st Century […]

Charles Leacock Q.C. – Internet Law in Barbados

This is a video recording of a presentation by Charles Leacock, Q.C. on the state of internet laws in Barbados. The presentation was given at the inaugural Barbados Internet Governance Forum and does an excellent job of outlining the existing digital law legislative framework at play in Barbados. The presentation touches on the: Telecommunications Act; […]

Notes on the Fair Trading Commission v Digicel Jamaica decision

The Judicial Committee of the Privy Council (the “Board”) recently rendered a high profile decision in Fair Trading Commission v Digicel (mirror) where it confirmed the far reaching power of the Fair Trading Commission to intervene in proposed mergers of telecommunications providers. The decision will likely give telecommunications providers further cause for pause in future bids to […]

Disclosure of Trinidadian Minister’s telephone records reiterates need for privacy legislation

Newsday Trinidad reports that the Telecommunications Authority of Trinidad and Tobago (TATT), has issued a reminder to the telecos in the twin-island republic to protect the data of their customers.  TATT’s reminder comes in the wake of the public disclosure of the telephone records of a government minister. The minister’s unfortunate circumstances aside, this story […]

Much needed privacy act coming to Jamaica

A privacy and data protection act is to be tabled in Jamaica in the next three months. Andrew Wheatley, the government minister responsible for technology, made the disclosure via the Jamaica Information Service website recently. This is the third such public announcement by the Minister in five months (See here and here). Presumably, therefore, there is substance […]

Aslam v Uber and a few implications for Uber’s entry into Trinidad

A first-instance Court in the United Kingdom ruled in October 2016 that the relationship between ride-sharing app, Uber and its drivers was that of an employer and employee. Uber unsuccessfully contended that its drivers were merely independent contractors. The case –  Aslam v Uber BV [2017] IRLR 4 – naturally sent ripples throughout the gig-economy, given the wider […]