Don't implement Data Protection Act as is, says PAJ

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Don't implement Data Protection Act as is, says PAJ

Tuesday, August 04, 2020

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THE Press Association of Jamaica (PAJ) is calling on the Government to pull back, even at this stage, and revise problematic provisions of the Data Protection Act.

The association, in a statement last evening, said its assessment of potential dangers to journalism posed by the initial Bill led to its initial far-reaching submission for the practice of journalism to be exempted from the provisions of the Act.

“With the Act having passed both Houses of Parliament, serious concerns remain about the overly broad powers of the information commissioner. Although the Office of the Information Commissioner will now be subject, after the fact, to an oversight committee of Parliament, this does not address the clear and present danger of the chilling effect of the office's decisions on the publication of news. This concern is shared by the Media Association of Jamaica, which has also expressed disappointment with the passage of the Act.

“As we said in our initial submission, the desire to ensure the independence of the office is understandable and commendable. However, the virtual fiefdom created by the office, and the commissioner's almost complete authority in decision-making means that tremendous power lies in the hands of a single individual,” said the PAJ.

The association said legal action after the fact cannot be the answer, pointing out that in journalism, where time is often of the essence, and as has been acknowledged by the learned British judge, Lord Nicholls, in the seminal case of Reynolds v Times Newspapers, “news is often a perishable commodity”.

Said the PAJ: “Forcing disputes through the court system may well result in killing important pieces of journalism and will, arguably, amount to giving a licence to the imposition of prior restraint, long regarded as almost always unacceptable in journalism.”

We find it incredible that in all the references to the implementation of data protection legislation in Europe, the negative and problematic effects of that legislation has been ignored by our legislators, hell bent on their own race to the tape of implementation.”

It referenced Bernhard Warner's article in the Atlantic on June 3, 2019, who said, “The European Union tried to protect Internet users. It also gave public officials a blunt instrument to wield against journalists.”

The PAJ said, however, that it is not too late for the Government to “cry cree”, reconsider the Act, and to remit the piece of legislation to Parliament for reconsideration.


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