The Independent Caucus for Constitution Reform (ICCR) is expressing “concerns” with some clauses contained in the Data Protection Bill 2023 that are due to be debated in the Parliament on Tuesday.
“We demand that this Bill be withdrawn from the Order Paper, referred to the People and citizens be given the opportunity to provide feedback. We reserve the right to use all available measures to protect the Constitution and the fundamental rights and freedoms afforded within,” the ICCR warned.
The main opposition New National Party (NNP) has already called on the government to withdraw the bill and allow for further public consultation on the matter.
In an open letter dated March 14, 2023, to Attorney General, Claudette Joseph, ICCR chairman, Joseph K. Roberts said the group wanted to “express our concerns about Clauses contained within the Data Protection Bill, 2023” noting that after perusing the 39 pages of the Bill, “it does not contain any reference to a Constitutional provision”.
The ICCR says that Section 106, of the Grenada Constitution, provides specific circumstances in which the protection of freedom of expression and the protection from arbitrary search and entry can be derogated.
“The Bill while claiming authority to enter people’s private property etc does not state constitutional references which authorize the actions contained within.”
“We are also alarmed about the ambiguity of Clauses within the Bill, the conferring of constitutional authority to “authorized officers” of the proposed Information Commission established by Section 24 of the Bill, the conferring of Parliamentary and Judiciary authority to the Minister, the disregard for the principle of equality, the violation of constitutional provisions,” the letter noted.
According to the explanatory notes, the 2023 Data Protection Bill seeks to establish a new framework for managing the processing of personal data in Grenada.
According to the proposed legislation, if a magistrate is satisfied by information on oath supplied by an authorized officer that there are reasonable grounds for suspecting that an offence under this Act has been or is being committed, and that evidence of the commission of the offence is to be found on any premises specified by the authorized officer, the magistrate may issue a warrant authorizing the authorized officer to enter and search the premises.
The search warrant provides for the authorized officer to inspect, examine, operate and test any equipment found on the premises and which is used, or intended to be used, for the processing of personal data and to inspect and seize any documents or other material found on the premises and which may constitute evidence of the commission of the offence.
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