More access to public data to be provided with passage of Open Data Bill

The National Assembly has passed the Open Data Bill which provides for the use and administration of public data by government institutions.

In piloting the Bill through the House, Prime Minister Mark Phillips said the critical piece of legislation is in keeping with Government’s commitment to transparency, innovation and the responsible management of public data.

He said the Bill seeks to achieve several important objectives.

“First, it mandates the publication of public data in accessible and open formats to promote transparency and accountability across government institutions. Second, it optimizes the use of public data in line with international best practices, driving innovation and collaboration between the public and private sectors. Third, it ensures that public data is used in a way that enhances the quality of public services, which safeguarding the confidentiality of sensitive information,” Prime Minister Phillips explained.

The Prime Minister said the Open Data Bill represents a firm commitment to empower institutions and citizens alike, and fostering an environment where data becomes a tool for innovation, economic growth and more efficient governance.

He said the Bill also complements the Data Protection Act, and the Data Identity Card Act, both of which, were recently passed by Parliament.

“These laws form a comprehensive framework that balances the power of digital innovation with the protection of individual rights and privacy. In passing these laws, we are laying the foundation for a modern Guyana, one that is prepared to lead in the digital age while ensuring that data is used safely, responsibly and for the betterment of all citizens,” he said.

According to the Prime Minister, the Government is cognizant of the risks associated with making public data more accessible. However, he assured that those risks are adequately addressed in the safeguards embedded in the bill. Pointing to Sections 11 and 15, he said those sections strictly prohibit the disclosure of non-public data assets and allow for severe penalties for breaches of confidentiality.

Opposition Member of Parliament, Amanza Walton-Desir told the House that an Open Data Act is a critical piece of legislation in any democracy.

“It is vital for fostering transparency, accountability and innovation in governance and society. By mandating the release of government data, we empower citizens to scrutinize public policies, detect inefficiencies and combat double dealing and misconduct, since we can’t say that ‘c’ word, and foster trust in our institutions,” MP Walton-Desir told the House.

Added to that, she said it drives economic growth and empowers communities and individuals to make informed decisions, and address local challenges, while improving healthcare, and addressing environmental challenges.

However, MP Walton-Desir said it is also important to have proper legal and institutional frameworks in place to manage the use of public data.

“A well-crafted legal framework will ensure clarity, it will ensure consistency and accountability in how data is shared, in how it is accessed, in how it is used and it would address potential challenges and maximize benefits. Without a strong legal framework, open data initiatives risks being inconsistent, being vulnerable to misuse and also detrimental to privacy and security,” she explained.

She said the legal framework must balance accessibility with safeguards.

It was at that point that she told the House that the Open Data Bill as presented by the Government, falls short in having proper legal and institutional framework in place.

MP Walton -Desir said the safeguards embedded in the Bill are completely lacking.

“Do we have provisions for the unauthorize modification or alteration of data, the injection of false data into the system, identity theft and fraud? Do we have provisions for phishing and social engineering? Do we have sufficient legal provisions for cyber security breaches? We are talking about intellectual property theft, how are we guarding against this? We are talking about economic espionage, are we ready? Are we prepared?” MP Walton-Desir questioned.

She stressed that a sufficient legal framework must be in place. She along with other Opposition Members of Parliament, including MP Annette Ferguson, called for the strengthening of the legislation.

Provision for the establishment of independent Data Commission was among recommendations made by the Opposition to strengthen the Bill.

The Bill was passed without amendment.