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Committee to re-examine $3-m fine, prison time for NIDS breaches

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Committee to re-examine $3-m positive, jail time for NIDS breaches

BY ALICIA DUNKLEY-WILLIS
Senior employees reporter
dunkleywillisa@jamaicaobserver.com

Friday, January 22, 2021

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THE query of whether or not a jail time period must also be an possibility along with the proposed positive of $3 million for people discovered responsible of leaking or misusing protected info beneath the Nationwide Identification System (NIDS) is to be re-examined by the joint choose committee of Parliament contemplating the laws.

The query was considered one of a number of raised by involved residents through the second in a sequence of town-hall conferences to sensitise the general public in regards to the pending identification system on Wednesday night.

Presently, as crafted, beneath Part 30 of the Nationwide Identification and Registration Act, 2020 any official of the Nationwide Identification and Registration Authority (NIRA) – which is able to substitute the Registrar Common’s Division (RGD) in rolling out and managing the NIDS – who misuses or supplies info unlawfully, or anybody who supplies info to anybody which isn’t supplied for within the Act commits an offence and the individual, having dedicated the offence, breaches the obligation of secrecy or confidentiality imposed by this Act, [and] shall be liable on conviction earlier than a parish courtroom to a positive not exceeding $3 million, in lieu of a time period of imprisonment.

Justice Minister Delroy Chuck, who additionally chairs the joint choose committee, responding to the considerations, stated the parliamentary physique could be re-examining the difficulty.

“It is a suggestion that happened in one of many final digital conferences; individuals proposed that there must be a jail time period. One of many clauses supplies that there must be a most positive of $3 million, the place info that’s saved is launched by a member of employees, both whereas employed or after the individual leaves employment. We thought that $3 million could be a adequate deterrent however the suggestion has been put to us whether or not or not a jail time period must also be an possibility,” Chuck acknowledged.

“We’re not going to decide right here, however it’s one thing once we come to contemplate the clause; we should give it due consideration whether or not in lieu of a positive, not solely a time period of imprisonment however an possibility must be given to the decide the place such giant quantities of knowledge has been leaked of particular person or people whether or not a decide mustn’t have the choice to impose a jail sentence.

“It’s going to be thought of by the committee once we deliberate on the Invoice,” the justice minister promised.

Junior minister and Member of Parliament for North Central Clarendon Robert Nesta Morgan, commenting on the difficulty, stated he had little question as to the stance he could be adopting. “The entire concern of the results of sharing, with out authorisation, the non-public identification info of a citizen is a critical matter, so I believe it’s a essential choice,” he stated.

“ As a legislator my place has at all times been pro-citizen, pro-consumer so something that protects the patron is one thing I’d fall on the aspect of,” he added.

Chuck, in response, stated: “There is no such thing as a doubt there shall be totally different views. On the final assembly [Foreign Affairs] Minister Kamina Johnson Smith intimated that her place would favour a stronger deterrent, it is a matter we’ll focus on.”

NIDS will present a complete and safe construction to allow the seize and storage of identification info for Jamaican residents. Below the system, which can have anti-fraud options, every citizen shall be assigned a singular nine-digit Nationwide Identification Quantity (NIN) for all times. This safe software can confirm a person’s identification, facilitate the digital signing of paperwork and safe entry of companies on-line and inline. The Authorities has insisted that Jamaicans won’t be compelled to take the quantity.

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