Data protection & privacy law in Fiji (2026)
Data protection in Fiji: sectoral rules.
Fiji lacks a unified personal data protection regime. Privacy rights derive from Section 24 of the 2013 Constitution, supplemented by the Information Act 2018 and Cybercrime Act 2021 for limited data-governance obligations. In February 2025 Cabinet endorsed a National Privacy and Personal Data Protection Policy, explicitly acknowledging the gap and committing to develop comprehensive legislation as part of the National Digital Strategy 2025-2030.
Legal framework
No comprehensive data protection law. Privacy grounded in Section 24 of the 2013 Constitution, with sector-specific provisions in the Information Act 2018, Cybercrime Act 2021, and industry-specific laws (banking, medical, legal). No dedicated data protection supervisory authority exists.
Key points: data & privacy in Fiji
Constitutional right to privacy
Section 24 of the Constitution of the Republic of Fiji 2013 guarantees every person the right to personal privacy, including the right to confidentiality of personal information. This is the primary enforceable privacy right currently in force.
Sectoral statutes with limited data provisions
The Information Act 2018 governs public-sector information access and includes limited data-correction rights. The Cybercrime Act 2021 addresses unlawful data access/interception. Sector-specific laws (banking, medical, legal practitioners) impose confidentiality obligations within their domains but there is no cross-sector personal data protection statute.
No dedicated data protection authority
Fiji has no Privacy Commissioner or independent data protection supervisory authority. The Speaker of Parliament publicly noted in 2025 that the country still lacks a framework clearly defining how personal data is collected, stored, processed, and safeguarded by public institutions and private entities.
Cabinet endorsed National Privacy & Data Protection Policy (Feb 2025)
At the 3rd Cabinet meeting on 18 February 2025, Cabinet endorsed the National Privacy and Personal Data Protection Policy as a component of the National Digital Strategy 2025-2030. This policy explicitly lays the foundation for developing comprehensive privacy legislation and commits to accession to Council of Europe Convention 108+.
Comprehensive legislation in development
The government has committed to drafting a National Privacy and Personal Data Protection law, alongside review of the Telecommunications Act, Online Safety Act, and Cybercrime Act. As of mid-2026 no bill has been introduced to Parliament; the process remains at policy and consultation stage.
Convention 108+ accession planned
Fiji has announced its intention to accede to the Council of Europe Convention 108+ (Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data), which would be a significant alignment with international data protection standards and a precursor to compatible domestic legislation.
Timeline of decisions
- DecisionCabinet Endorses National Privacy and Personal Data Protection Policy
Fiji's Cabinet approved a comprehensive national policy framework for privacy and personal data protection — the clearest governmental signal yet that standalone data-protection legislation is imminent. The policy establishes overarching principles and governance expectations ahead of a forthcoming Privacy Bill.
FijiVillage
- Guidance · officialFiji Law Reform Commission Opens Consultation on Review of Information Act 2018
The FLRC published a Discussion Paper proposing reforms to the Information Act 2018 and the creation of an Accountability and Transparency Commission, directly affecting how personal data held by public agencies may be accessed, corrected, or withheld. This review may reshape the only current quasi-subject-access-request mechanism in Fijian law.
Fiji Law Reform Commission (flrc.gov.fj)
- Law · officialInformation Act 2018 Enacted
Act No. 9 of 2018 operationalised the constitutional right of access to information held by public agencies, including a right to access and seek correction of one's own personal data held by government. Section 6 functions as Fiji's closest current equivalent to a statutory subject-access right, in the absence of a standalone privacy law.
Laws of Fiji (laws.gov.fj)
- Law · officialConstitution of Fiji 2013 — Article 24 enshrines the right to personal privacy
The 2013 Constitution came into force with Article 24 guaranteeing every person the right to personal privacy, including confidentiality of personal information. This constitutional provision is the foundational anchor for any future AI data-protection and privacy legislation in Fiji.
Parliament of the Republic of Fiji
- Law · officialConstitution of Fiji 2013 – Section 24 Enshrines Constitutional Right to Privacy
The 2013 Constitution embedded in Section 24 a justiciable right to personal privacy, explicitly covering confidentiality of personal information and communications, and respect for private and family life. This provision remains the foundational legal basis for all privacy protection in Fiji and the primary reference point for courts in the absence of a general data-protection statute.
PacLII – Pacific Legal Information Institute
- Law · officialTelecommunications Promulgation 2008 – Consumer Data Confidentiality Obligation
Section 54(1)(e) of the Telecommunications Promulgation (later renamed the Telecommunications Act 2008) requires all licensed providers to keep consumer billing and call data strictly confidential, enforceable by the Telecommunications Authority of Fiji (TAF). It remains one of the few sector-specific data-privacy mandates with a dedicated regulator and active consumer-protection programme.
Laws of Fiji (laws.gov.fj)
- Law · officialBanking Act 1995 – Banking Secrecy and Customer Data Protection
The Banking Act 1995 imposed legally enforceable confidentiality obligations on licensed banks regarding customer information, establishing one of Fiji's earliest sector-specific data-privacy requirements. Together with the 1998 Fiji Revenue and Customs Service Act, it laid the groundwork for the fragmented, sector-by-sector approach to data confidentiality that persists to this day.
Laws of Fiji (laws.gov.fj)
Sources
- laws.gov.fj/Acts/DisplayAct/2460
- laws.gov.fj/Acts/DisplayAct/3165
- fiji.gov.fj/Media-Centre/Speeches/English/DECISIONS-MADE-AT-THE-3RD-CABINET-MEETI
- mcttt.gov.fj/ministerial-statement-strengthening-telecommunications-and-online-saf
- fijivillage.com/news/National-privacy-and-personal-data-protection-policy-to-safeguar
- fijivillage.com/news/Speaker-says-Fiji-still-lacks-framework-that-clearly-defines-how
- dlapiperdataprotection.com/index.html?t=law&c=FJ
- laws.gov.fj/
- fiji.gov.fj/getattachment/9d6f70b2-0bb6-48b4-b66b-3dc2e9acf59b/Act-9---Informatio
- coe.int/en/web/octopus/-/fiji
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