MAJ disappointed by 'disregard' of its recommendations for Data Protection Bill

The Media Association Jamaica (MAJ) has expressed disappointment at what it says is the apparent disregard shown to recommendations presented regarding the Data Protection Bill which was passed on June 12.

 

The MAJ and Press Association of Jamaica (PAJ), while in support of preserving the right to data privacy, have for the last two years advocated for changes including complete exemption of the media from the bill on the basis of press freedom principles. 

 

In a statement Wednesday, MAJ Chairman Christopher Barnes noted the association's disappointment that policymakers proceeded without the suggestions made not only for the media, but for the benefit of all.

 

The chairman raised concern that the Data Protection Act could overreach and place significant administrative burden and ambiguity on all data controllers.

 

He added that the association stands ready to hold dialogue on adjustments to the legislation prior to implementation.

 

Among the concerns raised by the MAJ are that there could be subjective determination by the information commissioner for whether exemptions applied when members of the media are challenged for publishing personal data; avenues exist for confidential sources to be exposed, including confiscation of journalistic records; and the absence of a cap or guidelines for the recovery of awards for damages. 

 

The Media Association cited another area of concern as it relates to double compensation as the Bill does not explicitly preclude individuals from claiming under the proposed legislation and the Defamation Act.

 

Another sore point is that claims for breaches can be brought against a data controller at any time, perhaps years after the incident, unlike defamation laws which stipulate limitation periods.