Jamaica’s opposition party files court motion over national ID system

Jamaica’s opposition People’s National Party (PNP) on Tuesday filed a motion in the nation’s Supreme Court against the government, seeking to delay the implementation of the National Identification System (NIDS).

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The NIDS is intended to provide a comprehensive and secure structure to enable the capture and storage of identity information for all Jamaicans, where each citizen will be provided with a randomized nine-digit NIN, which they will have for life.

The layered roll-out and management of the NIDS will be handled by a new agency, the National Identification and Registration Authority (NIRA), which will replace the Registrar General’s Department (RGD) and provides more enhanced services.

Violation of people’s privacy

Speaking at a news conference on Tuesday, Opposition Leader Dr. Peter Phillips said the system is a violation of people’s privacy and the party took particular issues with various sections of the Act, which speaks to data protection and the Jamaican passport.

The party is also alleging that the NIDS infringes on the right to security of the person; the right to equality before the law; the right to privacy; the right to a passport; the right to protection of property rights; and the right to due process.

Breach of Jamaican Constitution

“The claim form filed in court says that Sections four, six, 15, 20, 23, 27, 30,36, 39, 41, 43 and 60 as well as the Third and Sixth Schedules all breach Section 13 of the Jamaica Constitution.

“We are further asking the Supreme Court for a declaration that the provisions of Chapter three of the Constitution are likely to be contravened in relation to the claim and in relation to other Jamaican citizens and other persons ordinarily resident in Jamaica by virtue of the provisions of the Act,” Phillips added.

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“As a result, we are seeking an order that the sections are null and void and are of no effect and should be struck down,” he said.

In February, Phillips had spoken of the party’s intention to take the matter to the Constitutional Court arguing that he would not allow the sections of the law that encroached on the constitutional rights of the people to go unchallenged.

Needed to combat corruption

Last November, Prime Minister Andrew Holness, said the establishment of a reliable NIDS for Jamaicans was pivotal to the government’s thrust to combat corruption.

The Senate approved the National Identification and Registration Bill after a prolonged debate and 168 amendments.

The government has said it is designing and developing the NIDS that will provide a comprehensive and secure structure to enable the capture and storage of personal identity information for citizens and persons ordinarily resident in Jamaica. It said the NIDS will become the primary source for identity assurance and verification, and will result in improved governance and management of social, economic and security programs.

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