The National Assembly passed the Electronic Communications and Transactions Bill late on Thursday night, with the Opposition underscoring the importance of the legislation, while expressing a number of concerns relating to the process of authenticating signatures in digital transactions.
The legislation is intended to fast track the implementation of e-Government services, while significantly improving the ease of doing business across both the public and private sectors in Guyana. The Bill enables the conclusion of contracts and creation of certain rights and obligation through the electronic medium.
In committing the Bill to the National Assembly, Minister of Tourism, Industry and Commerce, Oneidge Walrond said the Bill sets the stage for the establishment of a legal framework that is key for commercial transactions in a modern world.
“In the field of commerce, this Bill will deliver a framework with well defined rules for the conduct of commercial transactions by electronic means. This framework will aid in delivering consistency and predictability in the business environment that is indispensable for the sustainability of trade and commerce,” the Minister of Commerce said.
She said similarly, in the public sphere, the Bill will provide the means by which transactions can be conducted with public authorities via electronic means.
“This will also contribute to the improvement in the business environment but equally important it would lead to the radical improvement in the delivery of government services to individuals,” Minister Oneidge said.
It was noted that the Electronic Communications and Transactions Bill forms part of a slew of legislation that is being put in place to modernize the means of doing business in Guyana, as the country prepares for the digital economy.
The Access to Information Act, the Interception of Communications Act, the Cyber Crimes Act and the Telecommunications Act are among those modern laws.
APNU+AFC Member of Parliament, Cathy Hughes was the first on the opposite side of the House to acknowledge that the Bill was a timely one.
“Mr Speaker, this bill that we are discussing today is timely, and I cannot over emphasize the importance of the subject matter that we are dealing with. Technology has expanded exponentially, and electronic digital transactions are the norm all over the world. The majority of citizens, businesses, multinational corporations, governments, the nation state, all come into contact with some form of electronic transactions every day,” MP Hughes said.
However, while underscoring the importance of the legislation, the Opposition MP registered a number of concerns, particularly with the process of authenticating the original signatures of individuals in digital transactions.
Clause 5 of the Bill provides for the autonomy of the parties to use or accept electronic communications, electronic signatures and electronic contracts, however, MP Hughes expressed concern about the falsification of information.
“Take for example a transport, the original is kept in the registry, we get a certified copy. This bill, and we accept is necessary, gives the same recognition to the electronic firm, and as I said, it is acceptable but the electronic form can be forged, and therefore a robust system or process to authenticate the original must be in place with an electronic or digital watermark, maybe,” she reasoned.
The legislation also empowers the Minister to designate or establish an authority to be the Certifying Authority, which would be responsible for the regulation, registration and accreditation of electronic security providers. But MP Hughes is of the view that the Authority should be independent and not under the supervision of the Minister.
She told the House that a better document could have been developed, were it to be sent to the Parliamentary Select Commission to address gaps in the legislation.
The Government, however, went ahead with the debate, and used its majority in the House to pass the legislation. (Svetlana Marshall)
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