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The Media Association of Jamaica (MAJ) expressed disappointment
The Media Association of Jamaica (MAJ) expressed disappointment at this apparent disregard.
On June 12, 2020, Parliament passed the Data Protection Bill, which makes a number of recommendations. Both the MAJ and the Press Association of Jamaica support the maintenance of data privacy rights, but over the past two years they have advocated for changes, including the complete exclusion of the media from the bill in line with press freedom principles. The association noted that this would mean:
• When media/journalists (as data controllers) are challenged for publishing personal data (e.g. photographs, names, dates of birth, addresses), the Information Commissioner can make a subjective judgement as to whether the exemption applies (Section 50);
• Data controllers will not be able to present their case before the Information Commissioner
Decide on applications challenging the use of personal data (e.g. Article 11(5));
• There are ways to expose confidential sources, including the seizure of press records,
May jeopardize an investigative project, compromise a source and/or put a journalist at risk. (e.g. Schedule III and Article 49(1)c)
• There are no caps or guidelines on damages (whether financial or otherwise).
Compensation is also possible because the Act does not expressly prohibit individuals from bringing claims under the Act and the law of defamation (Section 69);
• A breach claim can be brought against a data controller at any time, perhaps years after the incident, unlike defamation law which provides for a statute of limitations;
• Liability will be determined by a judge rather than a jury as required by defamation law;
• Fines for individual offences remain high and individuals may still face imprisonment. (Article 68)
MAJ president Christopher Barnes noted: “We are disappointed that policymakers appear to have squandered an opportunity to make the consultation process credible by not taking on board recommendations that were not just for the media but for everyone.” He said: “We are left with legislation that risks overreaching and creating a huge administrative burden and ambiguity for all data controllers, big and small.” He added: “One might ask, why should this concern ordinary citizens? That’s because, while the bill provides certain exemptions for the media, ordinary people as data controllers will face many of the issues outlined above, and more.” He said the association stood ready to engage in dialogue on adjustments before implementation to improve practicality, should policymakers so wish.
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