National Assembly passes bill to make gov’t data more accessible to the public

Another landmark legislation to advance Guyana’s transition to a digital economy was on Monday passed in the National Assembly.

The Open Data Bill, which was presented by Prime Minister, Brigadier (Ret’d) Mark Phillips, signals another critical step forward in the governance and utilisation of data for the benefit of Guyanese.

It provides for the use and administration of public data to facilitate transparency, effective governance and innovation in the use and administration of public data.

The ‘data’ outlined in the bill refers to any material in any form, including records, documents, electronic mails, press releases, logbooks, contracts, and information relating to any private body which can be accessed by a public authority under any law.

According to PM Phillips, the bill will work hand in hand with the provisions of the Data Protection Act and the Digital Identity Card Act.

“These laws form a comprehensive framework that balances the power of digital innovation with the protection of individual rights and privacy,” he said.

The prime minister also emphasised that the legislation aligns with international best practices, citing the European Union’s General Data Protection Regulation and the Open, Public, Electronic, and Necessary (OPEN) Government Data Act implemented in the United States.

“This bill will attract investment and enable our citizens to participate more fully in the digital economy. The passage of this bill reflects our determination to harness the power of data to drive national development and improve the lives of all Guyanese,” he said.

Outlining several features of the bill, PM Phillips explained that it provides for the designation of a Data Officer of each public authority. This officer would be responsible for data asset management, sharing and publication of data assets for the agency, among other key functions.

It also imposes an obligation on public authorities to maintain a data register in electronic form of all data assets created, collected, under the control or direction of, or maintained by that public authority.

Public authorities are also obligated to engage the public in the use of public data assets and encourage collaboration under the legislation.

The PM recognised the risks associated with making public data more accessible, but he explained that the bill addresses these concerns with several safeguards embedded in its clauses.

For instance, Clause 11 states that a public authority shall not publish any non-public data asset unless so authorised by any law.

Additionally, clause 15 prohibits officers, employees, and agents of public authorities from disclosing confidential information obtained through the authority’s data system or non-public data assets, unless legally required or permitted. Violation of this clause is punishable by a fine of five hundred thousand dollars and to imprisonment for six months.

“Moreover, the Open Data bill builds on the foundation of the Data Protection Act, which reinforces confidentiality and privacy safeguards,” the prime minister added.

The Data Protection Act, which holds 106 sections, more specifically addresses the intricacies of data privacy and safeguarding against the abuse of data, while the Open Data bill provides an overarching framework for the use of this data.

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC said that the bill speaks to President Dr Mohamed Irfaan Ali’s vision of making data more accessible.

“This will help the Ministry of Agriculture to make prudent decisions, it will help our farmers in terms of looking at weather patterns and determining what crops to plant, etc. It will allow our transportation sector to look at passenger trends,” he pointed out, noting that the value of open data cannot be understated.  

Members of Parliament Sanjeev Datadin and Allister Charlie also voiced their support for the bill.