Present and past administrations have already gone a far way in putting in place the necessary framework to allow Jamaica to arise from this global disaster and transform itself into a digital society/economy even in the face of what will be a very rough ride in the short to medium term. We see where remote working and online educational instructions are now the order of the day. This is just the beginning.

There are some gaps, however, that need to be fast-tracked, in particular, the digital switchover, national identification system (NIDS) Act, and the Data Protection Act. In the face of the adversities and hardships that we will all be facing, both the public and private sector have to rise to the occasion and start re-envisioning what our future will look like.

It is accepted that many small- to medium-sized and even big companies may not have had a business continuity plan in place, and even for those that did it more than likely did not contemplate this type of disruption. It is important, however, to realise that this too shall pass. As intimated by Minister of Finance Dr Nigel Clarke there will be significant economic displacement. Will we now leverage the framework that is for the most part in place and use this once-in-a-generation circumstance to reinvent how we currently operate our businesses, deliver our services, and operate as a country?

Is this the line in the sand that forces us to transition Jamaica to a disciplined, knowledge-based society that offers information and knowledge-based services? Or at a minimum make data-driven decisions?

Several businesses have already started to re-engineer how they operate their business and deliver services. The educational system that is an information-based industry, coupled with the fact that they were one of the early casualties of social distancing, have been forced to immediately move from a physical classroom to online platforms. Young companies such as ListenMi have pivoted their business and started offering do-it-yourself projects for children online and has already begun to get significant take-up. Design Privacy contacted the CEO of ListenMi, Kenia Mattis and asked her how she was able to go online so fast. She responded by saying:

“Firstly: For both ‘Mek the Planet’ and ‘Greater Cakes’ the intention was always to offer these products as online platforms that could be accessible globally. Secondly: Because of that… we created an online process first then figured out how we could deliver it in person. But we were using our in-person workshops to test the online product. Thirdly: We were able to work remotely using… online collaboration tools… to develop the online versions… Finally, it would not have been possible without a solid team that is agile and responsive.”

Notwithstanding the foresight of entrepreneurs such a Kenia Mattis and the schools that are now offering their courses online on short notice, there is a danger that the class and economic divide may, in the long run, widen as it will be only the minority who have access to the Internet that will be able to continue to receive educational instructions. This will have a far-reaching impact on our economy.

The Government has spoken of broadcasting educational instructions over the free-to-air channels. The challenge with free-to-air broadcasting is that air time will be limited and access in remote areas is still limited. Where is the Government with the digital switchover that would provide the ideal platform for delivering educational instructions? To what extent has companies like ReadyTV, who already operate an islandwide digital broadcast service, stepped up to the plate to meet the demands of this national disaster? We cannot re-engineer or re-envision our future without our children being educated.

In 1995 Clayton Christensen coined the term disruptive innovation, which in one sentence speaks to a process whereby a smaller company, with fewer resources, is able to successfully challenge established incumbent businesses. In light of the fact that there is little we can do to fight this pandemic — apart from trying to stay healthy — both our private and public sector ought to embrace this disruption and leverage the framework that is, for the most part, in place and innovate.

Jamaica is a small country with few resources that has always been able to hit above its weight. This pandemic presents us with a unique opportunity in redefining ourself as a small nation State in the face the new paradigm and social norms being imposed upon us by COVID-19 to become a digital society and a leading role model in the Caribbean and Latin America. Jamaica has the opportunity to transform itself into a society empowered by data to make better decisions in business and the public sector, and to deliver digital goods and services locally and internationally.

To fulfil this ambition, Jamaica can build on its strong legal framework in terms of fundamental privacy rights, safety, and cybersecurity. We already have in place an electronic transaction Act; a Sales of Goods Act, that contemplates electronic marketing and sales; a Cybercrimes Act; and the necessary amendments have been made to the Evidence Act to facilitate digital reception of evidence. The only things outstanding to close the loop are Open Data policies, the Data Protection Act, the NIDS, and the digital switchover. This framework ensures consumer protection and data protection and ultimately builds digital trust.

The immediate struggles that your business will face are real. Having made it through this global pandemic how are we going to pick up the pieces? Are we going to use this opportunity to re-engineer our business processes and upskill ourselves? Are we going to use this opportunity to properly organise and manage our personal data that we process which in effect is what the data protection requires. Or, are we going to go back to business as usual and then have to re-engineer our business in response to new laws?

Jamaica is no stranger to natural disasters such as hurricanes and man-made disasters such a slavery. This is a global disaster of a different proportion but we are resilient, we are Jamaicans. It is our decision as a country and as individuals how we will treat with this significant disruption. We are proposing that we start the rebuilding and re-inventing process now. We know how to “tun we hand mek fashion”. In doing so, however, let us do so intentionally and strategically, and as one nation.

Chukwuemeka Cameron, LLM, is an attorney, trained data protection officer, and founder of Design Privacy, a consulting firm that helps you comply with privacy laws and and build trust with your customers. Send comments to the Observer or ccameron@designprivacy.io.