by Linda Straker
- 2023 Data Protection Bill to establish framework for managing processing of personal data
- Lower House of Parliament will debate Bill in 14 March session
- Law provides for new statutory board Information Commission
The Dickon Mitchell administration is set to debate and approve the 2023 Data Protection Law that requires any person on a premise to explain any document or other material found on a premise that may constitute a violation of the legislation.
Lower House of Parliament members will debate the Bill in the 14 March 2023 session.
According to the explanatory notes, the 2023 Data Protection Bill seeks to establish a new framework for managing the processing of personal data in Grenada. However, according to the proposed legislation, if a Magistrate is satisfied by information on oath supplied by an authorised officer that there are reasonable grounds for suspecting that an offence under this Act has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified by the authorised officer, the Magistrate may issue a warrant authorising the authorised officer to enter and search the premises.
That search warrant will provide for the authorised officer to inspect, examine, operate and test any equipment found on the premises and which is used, or intended to be used, for the processing of personal data and to inspect and seize any documents or other material found on the premises and which may constitute evidence of the commission of the offence.
It will also “require any person on the premises to provide an explanation of any document or other material found on the premises, and to require any person on the premises to provide other information as may reasonably be required to determine whether the data user has committed the offence,” according to Section 33 of the new legislation.
The law provides for establishing a new statutory board to be called the Information Commission, and it functions will include monitoring compliance by public and private bodies with the provisions of the legislation, including issuing notices; advising public bodies and private bodies of their obligations under the Act and receiving and investigating complaints about alleged violations of the data protection principles of data subjects, and in respect thereof make reports to complainants.
The Commission will also undertake educational programmes to promote an understanding of the new law; undertake research into and monitor developments in data processing and information technology to ensure the continued protection of personal data through administrative, legislative or other methods, and to report to the Minister the results of such research and monitoring; and exercising and performing such other functions as are conferred or imposed on the Commission by or under this Act or any other enactment.
A person shall not obstruct the Commission or any authorised officer in the conduct of their duties and functions under this Act. “A person who contravenes this section commits an offence and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 6 months.” The proposed legislation must get approval from the Lower and Upper Houses of Parliament before it goes through the final stages to become law.
A person who commits an offence under the Act for which a penalty is not specifically provided, is liable upon summary conviction, to a fine of $50,000 or to imprisonment for a term of 3 years; and conviction on indictment, to a fine of %100,000 or to imprisonment for a term of 5 years or to both.
You can certainly use some help in using plain language instead of this round about legalese. What is the intention of such obtuse wording? Are you speaking of persons FORGING DOCUMENTS? Then say so. You are taking a person’s word on Oath for exactly what purpose? Legislation should be transparent and clear. NOT confusing deliberately.