The Jamaican Bar Association (JAMBAR) has accused segments of the media of breaching the privacy rights of deceased Judge Ruth Lawrence in their reports and wants the authorities to probe how those details got into the hands of the press.

The 59-year-old Trelawny Parish Court judge was pronounced dead Tuesday evening at Falmouth Public General Hospital, hours after being reportedly found unresponsive at her Coral Spring, Trelawny, home by her 47-year-old partner.

A leaked internal police incident report making the rounds on social media Wednesday gave a vivid blow-by-blow account of the hours leading up to the judge’s passing, the details of which were supposedly supplied by her spouse to cops.

But JAMBAR, in a statement to the media, contended that there was a “breach of dignity and data protection” in the aftermath of the judge’s passing.

“The Jamaican Bar Association expresses grave concern regarding the recent public circulation of sensitive details surrounding the death of Her Honour Judge Ruth Lawrence. While we mourn the tragic loss of a distinguished member of the judiciary, we are deeply troubled by the apparent non-observance of the Data Protection Act, which enshrines the right to privacy and the dignity of the individual, even in death. The Act affirms that personal data must be handled with care, respect, and lawful purpose,” JAMBAR President Tenneshia Watkins stated.

“The dissemination of intimate and distressing information without appropriate safeguards or justification undermines the solemnity of death, the humanity of the deceased and those who are left to mourn her passing,” Watkins said further.

“We condemn this breach in the strongest terms and urge all relevant authorities to thoroughly review the circumstances surrounding the release of this information. We further urge media entities, public officials, and private citizens to exercise restraint and compassion when handling matters of such profound sensitivity,” she added.

Jamaica’s Data Protection Act, 2020 covers data protection subjects, living or deceased, for up to 30 years. The provision acknowledges that data pertaining to recently deceased persons may still be relevant and requires responsible handling. For data to be protected, the deceased person must be identifiable from the information itself or in combination with other data that the data controller possesses.

The types of personal data protected are broad and can include a name, address, date of birth, and even copies of birth, marriage, or death certificates. This aspect of the Act broadens the scope of data protection to include data of a recently deceased individual, ensuring respect for their dignity and the privacy of their information.

The DPA makes an important distinction between “personal data” and “sensitive personal data”. “Sensitive personal data” is defined as specific information, such as: Genetic data or biometric data, filiation or racial or ethnic origin, political opinions, philosophical beliefs, religious beliefs or other beliefs of a similar nature, membership in any trade union, physical or mental health or condition, sex life and the alleged commission of any offence by the data subject or any proceedings for any offence alleged to have been committed by the data subject.

By recognising the data of deceased individuals as “personal data”, the Act offers a legal basis for protecting the privacy of Jamaicans even after they are gone. This helps address concerns about: Unauthorised access, in which case the provision deals with preventing unauthorised individuals from accessing a deceased person’s online accounts; protecting families from emotional distress; and identity theft. It also addresses the misuse of data through the emphasis on data minimisation and purpose limitation which helps ensure that personal information of the deceased is not used for unauthorised purposes that could cause reputational harm.

JAMBAR, in the meantime, in a separate statement hailed Lawrence as “a dedicated jurist who brought integrity, compassion, and clarity to the administration of justice”.

“Her commitment to fairness and her quiet strength in the courtroom earned the respect of both the legal fraternity and the wider community. Her passing is a profound loss to the bench and to the people of Jamaica. We honour her legacy and the example she set in public service,” the association said.

Since Lawrence’s passing tributes have flowed from several quarters including head of the judiciary Chief Justice Bryan Sykes, Justice Minister Delroy Chuck and the Opposition People’s National Party, among others.

— Alicia Dunkley-Willis