Data protection regulator contradicts TAJ, says law supports transparency
Published:Friday | April 19, 2024 | 9:17 AM
Jamaica's data protection regulator says the law does not prevent releasing the names of parties to a contract, contradicting Tax Administration Jamaica (TAJ) which has refused to name the owners of properties it's leasing.
"Mere disclosure of the name(s) of companies contracted by any person or entity, whether a government agency or within the private sector, would not be a breach of the DPA," declared the Office of the Information Commissioner (OIC) in a statement on Thursday.
The OIC is the regulator under the Data Protection Act (DPA).
The TAJ has claimed that unspecified provisions of the DPA bar it from disclosing who owns a property in Annotto Bay, St Mary and another in Mandeville, Manchester.
An Auditor General's Department's report triggered public outrage in March after revealing that the TAJ spent almost $400 million to lease two buildings that remained unoccupied up to August last year.
READ: TAJ forking out millions for unoccupied properties
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Neither the AuGD's report nor the TAJ's subsequent statement named the property owners.
On April 2, The Sunday Gleaner submitted questions to the TAJ, asking for the names but two days later, it responded: “TAJ advises that it is unable to provide the information requested as a result of prohibitions to general disclosure pursuant to the provisions of the Data Protection Act.”
“Concerning the matter at hand, the authority is not in [a]position to comment any further at this time,” it said when asked for the DPA provision on which it was relying.
However, the Office of the Information Commissioner has sought to make it clear that the DPA cannot be used to frustrate transparency.
It said the DPA "specifically protects information that identifies individuals who are living or have been deceased for up to thirty (30) years".
"The DPA does not protect information relating specifically to entities or organisations, whether public or private and whether registered or unincorporated," the OIC said.
"The act therefore does not prevent any entity from identifying a company with which it does business or providing information relating to the nature of that business as long as any personal data in the possession of either or both organisations is not unlawfully disclosed."
The OIC explained that under the data protection law, individuals, private entities and public authorities are required to handle people's personal data, including sensitive personal data, responsibly and securely "in keeping with data processing standards which promotes trust and transparency".
The OIC, which is headed by attorney Celia Barclay, says it is conducting sensitisation sessions with public and private sector entities to inform them about their responsibilities under the law.
Transparency campaigners Jamaica Accountability Meter Portal (JAMP) and Jamaicans for Justice (JFJ) have argued that the TAJ's refusal to name the entities when asked violates the Access to Information Act that gives members of the public “a general right of access to official documents held by public authorities”.
“When the Tax Administration Jamaica blocks the path to access this information, it is blocking the media from scrutinising the actions, spending and decisions of public officials. Going this route not only breeds secrecy, suspicion, distrust and cynicism, but it is an attack on a functioning democracy as information is the oxygen of a democracy,” said JAMP's executive director Jeanette Calder.
Noting Jamaicans' constitutional right to receive information, JFJ's head Mickel Jackson said the TAJ may have engaged in a “misapplication” of the data protection law.
The Sunday Gleaner submitted a request for the same information under the ATI Act on April 8.
It has up to 60 days to respond.
A response is being awaited.
Jamaica Labour Party Member of Parliament and junior minister Dr Norman Dunn has confirmed that one of his companies leased the St Mary property to the TAJ.
The AuGD said there was no evidence that he interfered in the process.
The TAJ falls under the Ministry of Finance and the Public Service, of which Dr Nigel Clarke is the minister.
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