MINISTER of State in the Ministry of Science, Technology, Energy and Mining Julian Robinson has indicated that data protection legislation for Jamaica’s cyber space should be in place by 2016/17.

Robinson had promised the data protection Bill in his first sectoral debate presentation in August 2012, but failed to deliver then. However, with the House of Representatives passing the similarly long delayed Cybercrimes Act on Tuesday, his new projection for tabling the Bill by next year, now seems more likely.

Robinson was to responding to concerns raised by Opposition spokesman on ICT and digital society development, Dr. Andrew Wheatley, about the new Cybercrimes Bill during Tuesday’s debate which ended with the Bill, which repeals and replaces the 2010 Cybercrimes Act, being passed with four amendments.

Dr Wheatley said that while the Opposition supported the recommendations made by a joint select committee of Parliament, which was chaired by Robinson and which tabled its report, including the recommendations from as far back as October 2013, it was not sure that the new Cybercrimes Bill had fully reflected the intent of the recommendations.

“I believe that while the Bill captures most of the intent, there are some areas which we believe will inhibit the use of the technology,” Dr Wheatley said.

Wheatley said that whenever the House seeks to create legislation, it should do so to “create, preserve and ensure” protection for the users but should not inhibit progress, development and innovation.

Responding to Wheatley’s concerns, Robinson said that the Government is committed to providing data protection legislation by 2016/17.

“This legislation will have significant and far reaching implications for persons who manage data, financial services institutions, Government institutions. But, it is really designed to ensure that individuals who share data online have appropriate protection,” Robinson said.

He stated that the Government’s cyber security strategy, which was launched in January, has four critical components, including the issue of the legal and regulatory environment, which has been addressed in the Cybercrimes Bill.

The second area relates to technical measures, and the country is already 90 per cent complete in establishing a cyber emergency response team, which should be operational before the end of this year.

The third area was that of capacity building and the Government, aware of the shortage of trained personnel, had taken on the challenge of upgrading its management information personnel, in addition to recruiting a chief information officer who was overseeing the administration of the newly established e-government (e-gov) agency, as well as the establishment of a unit for cybercrimes in the Office of the Director of Public Prosecutions.

He said that the strategy would also address the issue of public awareness, which was also a concern for Wheatley.

Robinson said, too, that his ministry will soon be launching a cyber security campaign in the print and electronic media to raise awareness of cyber security issues.

The Government had announced in May that instead of merely amending the 2010 Act, it would be repealed and replaced with a new Act, incorporating the amendments recommended by the joint select committee in 2013.

New offences include: computer-related fraud or forgery; use of computers for malicious communication; and unauthorised disclosure of investigations (tipping off).

Provisions for forfeiture of computer material used in the commission of an offence is also included.

The committee recommended that following on summary conviction before a Resident Magistrates’ Court: In the case of a first offence, there should be a fine not exceeding $4 million or imprisonment for a term not exceeding four years, or both.

The current penalty is a fine not exceeding $2 million or imprisonment for a term not exceeding two years, or to both.

The Bill will now be sent to the Senate for further debate.

The joint select committee reviewed the 2010 Cybercrimes Act in 2013, following complaints that three years after the Act was being promulgated, there has been only one prosecution.

It was noted, however, that the cyber offences usually involved some kind of economic elements, or some types of economic gains.

The committee said that it hoped that the recommendations flowing from its review would lead to more persons being brought to book and successfully prosecuted for breaches.