Govt to address concerns on data protection laws

AGGeorgetown:  Government is mulling the idea of establishing data protection laws to accompany the Financial Institutions (Amendment) Bill 2015 which would allow the Guyana Revenue Authority (GRA) access to citizens’ banking data for various purposes and investigations.

This announcement comes after the Private Sector Commission (PSC) raised some concerns about the absence of data protection laws to safeguard the confidential information retrieved and to protect the citizens.

Attorney General and Legal Affairs Minister Basil Williams met with PSC members on Wednesday when they discussed those concerns surrounding the Financial Institutions (Amendment) Bill 2015 which is currently before Parliament.

During the meeting, the PSC reiterated that laws must be in place to protect all the data obtained by the GRA as well as govern requests for access, notice to be served on citizens regarding intended request for access along with an indication of the law for which enforcement is being sought via such access, care and control when such data is in the custody of the Authority, and recourse available to citizens if said data is unlawfully released or published by the Authority, among others.

In response, the Attorney General gave the assurance that the concerns would be addressed.

In fact, Chief Parliamentary Counsel Cecil Dhurjon, who was present during the meeting, noted that the concerns would be examined and addressed.

In a letter addressed to the Attorney General, the PSC had raised some concerns about Government’s pending ability to access persons’ banking information in the absence of relevant laws to ensure protection of individuals’ private data.

Although the PSC understands the merit of these amendments, the body highlighted major concerns in respect to the protection of citizens’ confidential data.

The Commission pointed out there are several frameworks in developed countries which Guyana can adapt. In the United Kingdom, there is a Data Protection Act. In the United States, the protection is built in to the same Act which provides for access, along with regulations governing the criteria for the federal revenue authority’s access to and usage of the data.

The PSC recommended as a short-term measure, Guyana adopted the framework being used in the US.

Meanwhile, during the meeting, the PSC was represented by PSC Chairman Norman McLean; Immediate Past President Ramesh Persaud; Chairperson of the Legal Affairs Committee, Attorney-at-Law Patricia Bacchus, along with Manniram Prashad.