House Begins Debate On National Identification And Registration Act

The House of Representatives on Tuesday (September 21) started the debate on the National Identification and Registration Act, which makes provision for a voluntary and secure national identification system for Jamaica.

In April 2019, the Constitutional Court highlighted deficiencies in the previous 2017 Act.  However, these have been fully addressed in the new legislation.

Opening the debate, Minister of Justice, Hon. Delroy Chuck, said the legislation embodies the recommendations of a Joint Select Committee on the previous iteration of the legislation.

“These recommendations were made as a result of an intensive round of contributions from concerned citizens of Jamaica, members of the diaspora and various stakeholder interest groups,” he noted.

Mr. Chuck informed that the legislative framework for the National Identification and Registration System (NIDS) has been strengthened and improved to recognise and protect the right to privacy of an enrolled individual, particularly as it relates to protection of data/identity information; strengthen the organisational and governance structure of the National Identification and Registration Authority; and to ensure that the penalties reflect the gravity of the offences created under the legislation.

The legislative framework has also been improved to strengthen the independent oversight of the Authority; and to ensure that a most comprehensive enabling structure exists to facilitate implementation of NIDS.

“Most importantly, [this is] the first legislation to require the encryption of personal information and compliance with international best practices for information security,” Mr. Chuck said.

The Justice Minister informed that the Authority will assume the administration of the civil registration system in Jamaica.

“The Registrar-General’s Department will cease to exist as an executive agency.  There will now be an office created within the Authority to be known as the Office of the Registrar-General,” Mr. Chuck informed.

“This Office, under the control of the Authority, will be responsible for the current roles, responsibilities, tasks and duties of the Registrar-General, including those under the Registration (Birth and Deaths) Act, Children (Adoption of) Act, Marriage Act, Muslim Marriage Act, Hindu Marriage Act,” he added.

The legislation will also establish the National Identification and Registration Inspectorate, which will have responsibility for, among other things, monitoring the Authority, in order to ensure that it operates within the bounds of the legislation, and direct and advise the Authority on its compliance.

The Inspectorate’s functions are to be carried out by the Electoral Commission of Jamaica (ECJ).

“The Inspectorate shall also make recommendations to the Authority regarding its operational standards and investigate claims or issues regarding the conduct or operations of the Authority,” Mr. Chuck said.

“Where the claims concern protection of personal data, the Inspectorate will direct the matter to the Information Commissioner.  In other instances, the Inspectorate will make recommendations and give directions and advice to the Authority to resolve the matter,” he added.

The Minister informed that the Inspectorate will have wide-ranging powers to discharge its functions and may require the attendance of any officer, agent or sub-contractor relating to the Authority; call for and examine any information excluding identity information; consult or collaborate with any public body; and audit the operations of the Authority.

The Inspectorate may also refer any matter to the Director of Public Prosecutions (DPP), Integrity Commission, Commissioner of Police and Director of MOCA.

Debate on the legislation was suspended and is set to resume at the sitting of the House of Representatives next week.