by Linda Straker
- Bill received Lower House approval with some amendments on 14 March
- GBA executive preparing dossier for Attorney General
- Constitutional lawyer described Bill as requiring surgery in some sections
Grenada Bar Association (GBA) members believe that sections of the 2023 Data Protection Bill need to be amended because they are “overbroad” and can result in “constitutional breaches” if it was to become the law of the land.
During a special meeting on Tuesday, 21 March, the members agreed that the Government should make some amendments to the proposed legislation set to be debated in the Senate or Upper House of Parliament on 29 March. The Bill, on 14 March, received the approval of the Lower House with some amendments.
Derick Sylvester, President of the GBA, said concerns were expressed about the role and function of the authorised officer and a definition for the position as written in the Bill. “The ambit via which authorised officers are circumscribed, so in other words, who are authorised officers,” he said. “There are other sections of the Bill that attorneys felt need clarity. For example, they are of the view that for personal data, the definition for personal data should be expanded to include facial and other data live features… members had concerns in relations to the ambit of the executive of the warrant and whether or not that section is overbroad and it could lead to constitutional breaches.”
“For numerous parts of the Bill attorneys are off the view that they should be reviewed,” he said, disclosing that the association executive is preparing a dossier for the Attorney General.
The members also want to see the regulations for the application of the law be approved at the same time the law is receiving approval from the Parliament. “The regulation of any law is very important, so we want the regulation to also be part of the Bill,” he said.
Former Attorney General and constitutional lawyer Dr Francis Alexis has described the Bill as requiring surgery in some sections, while the opposition New National Party (NNP) calls for more public consultation.
The Government has said that the Bill must become law to enforce 2 projects that will see an injection of US$24 million into the economy.
The lawyer class is killing Grenada. The only reason lawyers take it to task is because they are guilty of sharing information which should not be shared. They collude.
Not long ago, there was a lawyer advocating and educating the public how acquire private land after squatting.
Why that lawyer did not advocate for strengthening the law to protect property rights. Why the lawyer did not advocate increase the time after which squatter can attempt acquire from 10 to 100 yrs?
Why aren’t lawyer advocating and breaking barriers? Why is the simplest process is hidden behind legal jargon.