Government gets 18 months to update data protection law

Despite the Opposition's push for a six-month extension, Government has succeeded in of getting 18 months to fully proclaim the Data Protection Act. The act was partially proclaimed in 2011.

In the original motion in January, the Government had moved to proclaim the bill immediately but during a Senate sitting to amend the legislation to extend the time for its proclamation, on Tuesday, acting Leader of Government Business Paula Gopee-Scoon said more time is necessary to formulate more modern data-protection measures.

The motion to proclaim the remaining sections of the act within 18 months prevailed after 23 senators voted in favour and seven against the amendment.

Gopee-Scoon said, “Yes, we agree on the importance of data. I last spoke about the importance of proper collection and processing and allowing for better decision-making by individuals as well as by the public and private sectors, supporting the creation of plans to implement and evaluate national programs.

“Also, the influence on modernising government services and improving the economy among other things. And, we know of the negatives, and that's what we have to be careful about because as instrumental as data can be to growth and development if leaked, or if shared or exploited for nefarious reasons it can have detrimental effects on the lives of our citizens. Therefore, safeguarding the personal data and information of our citizens is critical to all government and we stand by that.”

Communications Minister Symon de Nobriga felt tweaking and updating is necessary before any move to proclaim the act is made. He said Government proposes to have inputs from media practitioners and civil society on "appropriate exemptions" to allow for investigative journalism and artistic expression.

In response, Opposition Senator Wade Mark described the proposal for an 18-month deadline to proclaim the 11-year-old act as an act of disrespect to the Senate.

“I don’t know who is fooling who, I don’t know who is misleading who, but I believe that this Senate is being taken for a ride by the Government...to give us the impression that they need more time.

“This Government has no intention of proclaiming, operationalising and fully implementing the Data Protection Act with even amendments...What sense does it make to partially proclaim sections of the Date Protection Act and it has not been operationalised nor implemented."

He charged, “It is ludicrous to come and ask us for 18 months when you have an amended law."

He accused the Government of having a hidden agenda. He said six months to a year for the most would have been sufficient.