A landmark bill aimed at the management and administration of public data was passed yesterday in Parliament after hours of heated debate.
The bill, titled the The Open Data Bill 2024, is designed to provide a framework for the transparent and responsible use of public data, marking a significant step toward modernizing governance in Guyana. Though the bill received initial support, it was not without controversy, particularly following heckling from the Opposition about the Attorney General’s handling of the bill in light of his ongoing legal dispute with social media advocate Melly Mel, over an alleged information leak.
The Open Data Bill 2024 aims to promote transparency, innovation, and effective governance by mandating the publication of public data in accessible and open formats. This also encourages public participation in the use of data while ensuring the safeguarding of personal information. This bill forms a key part of the government’s broader legislative agenda, which includes initiatives like the Data Protection Act and the Digital Identity Act. Together, these laws create a comprehensive framework to protect individual rights while positioning Guyana to lead in the digital age.
The bill’s objectives are far-reaching. It mandates that public authorities publish data in an open format, facilitating transparency and optimizing the use of public data. By doing so, the government MPs yesterday voiced hopes of improving the quality of public services and foster economic growth through innovation. The law is designed to ensure that data is used responsibly and for the benefit of all citizens, while simultaneously addressing potential risks associated with increased access to public information.
Prime Minister Mark Phillips, in his remarks, emphasized that this bill is part of a broader vision to build modern infrastructure and ensure that Guyana is prepared for the future. “This bill is not a stand-alone piece of legislation. It works in conjunction with other key laws like the Digital ID Card Act 2023, the Data Protection Act, and the One Guyana Digital Initiative. Together, these initiatives are positioning Guyana as a leader in the global digital economy,” said Phillips. He also highlighted the government’s efforts to expand internet access and introduce free public Wi-Fi across the country, initiatives aimed at ensuring connectivity reaches every corner of the nation.
The bill’s provisions will enable public authorities to manage public data more effectively, allowing for data-driven decision-making in governance. By encouraging the private sector to access public data, the government hopes to spark innovation and create value, addressing local community needs and driving economic progress.
Oversight body
Despite widespread support for the bill’s goals, the debate was far from smooth. One of the key points of contention was the bill’s lack of a dedicated oversight body. Amanza Walton-Desir, APNU+AFC Shadow Minister of Foreign Affairs and International Cooperation, expressed concerns that without an independent commission overseeing the use of public data, the law would be ineffective and fragmented. She proposed the establishment of a Data Commission to replace the current position of Commissioner of Information, which she argued had proven ineffective.
“We cannot allow the management of public data to be left in the hands of a single individual who has no real enforcement power,” Walton-Desir argued. “An independent Data Commission with multi-sectoral representation is needed to ensure accountability, transparency, and consistency in how public data is handled.” She also pointed out that the current Commissioner of Information’s office had been underutilized, and its limited powers rendered it ineffective in ensuring proper oversight of data management.
In response, Attorney General Anil Nandlall defended the bill, reiterating that Guyana already has a robust data protection framework in place under the Data Protection Act. “This bill is not about personal data protection; it is about public data. The concerns raised by the opposition are already addressed in the Data Protection Act, which contains provisions for the oversight of all data, including public data,” Nandlall explained. He also took aim at the opposition’s claims, stating that the government was committed to improving public awareness of the laws being passed. “We are passing laws that will bring Guyana into the modern digital age, but we also recognize that more work needs to be done to educate the public on these changes.”
Despite the rebuttal, Walton-Desir remained steadfast in her position, urging lawmakers to reconsider the bill’s lack of a dedicated oversight body. “Without a clear structure for monitoring compliance and enforcing penalties, we risk creating a system where public data is mismanaged, misused, or, worse, withheld from the public,” she warned.
Speaking with Stabroek News during a break in the session, Walton-Desir responded directly to Attorney General’s comments on the bill, accusing him of missing the mark entirely. “Anil Nandlall’s response shows how clearly at sea he is. The Data Protection Act speaks to a data protection commissioner, something that is materially different, though interrelated. While the Data Protection Commissioner focuses on privacy and the enforcement of data protection laws, a Data Commission would take a broader view, coordinating national data governance, managing open data policies, and supporting digital transformation efforts. A Data Commission would serve as an overarching body to coordinate data governance, standardization, and policy enforcement across sectors. It would focus on ensuring the interoperability of data systems, setting the standards for data collection and sharing, and overseeing the ethical use of data,” Walton-Desir said.
Other members of the National Assembly voiced support for the bill, emphasizing the importance of data-driven decision-making for effective governance. PPP/C MP Sanjeev Datadin lauded the bill as a monumental step forward for Guyana, aligning the country with international best practices in data management. “Open data is essential for the governance of modern societies. It allows for more informed decisions and greater transparency,” Datadin said. “This bill will help ensure that data collected by public authorities is accessible, secure, and used to improve the lives of all citizens.”
Datadin further emphasized that the bill would encourage private sector participation in data management, which could spur innovation and economic growth. He pointed to examples from other countries, such as the California Consumer Privacy Act and the Barbados Data Protection Act, noting that Guyana’s approach would align with international standards.
Alister Charlie, a PPP/C MP representing indigenous communities for the Government, also expressed support for the bill, highlighting its potential to bridge the digital divide. “For many of our Amerindian communities, access to public data is limited. This bill breaks down those barriers and ensures that all citizens, regardless of their location, have access to the information they need to participate fully in society,” Charlie said.
Another point of contention was the bill’s exemption of the President from its provisions. Clause 3.2(b) of the bill specifically exempts the President from the application of the Act. This clause drew criticism from Opposition members, with APNU+AFC MP Annette Ferguson arguing that it undermined the transparency goals of the bill. “How can we claim to be promoting transparency when the President is exempt from this law?” Ferguson questioned.
Nandlall responded by clarifying that the President does not actively collect public data. “The President does not go around gathering data. Public authorities collect the data, and it is those agencies that are subject to this law. The exclusion of the President from this provision is not unusual. Whenever y’all get into power, maybe in another 50 years, y’all can put your President to collect data,” quipped.
The bill passed with no amendments.
Power to exempt
Clause 3 provides for the application of the Act to all public authorities except those expressly identified under this clause. The Minister also has the power to exempt a public authority from the application of the Act by Order.
The exceptions already identified in the bill are the President and commissions of inquiry issued by the President or information obtained in the course of a probe, examination or audit conducted by or under the authority of the Auditor General until they are finally concluded.
Also exempted are the disciplined forces in relation to their strategic or operational activities.
Clause 6 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. Clause 7 imposes an obligation on public authorities to provide the Commissioner of Information with access to the public authority’s data register and information relating to its public data assets, at the Commission-er of Information’s request.
Clause 8 imposes an obligation on public authorities to develop an Open Data Plan in consultation with the Minister.
According to the Explanatory Memorandum, Clause 9 imposes an obligation on public authorities to publish the public data assets maintained in their data register in an open format.
Clause 10 obliges public authorities to publish the public data assets maintained in their data register under an open licence while Clause 11 prohibits public authorities from publishing their non-public data assets.
Clause 12 imposes an obligation on public authorities to engage the public in the use of public data assets and to encourage collaboration between the public authorities and the public.
Clause 13 empowers the Commissioner of Information to collaborate with private sector entities with the approval of the Minister and conclude agreements and memoranda of understanding for the purpose of collecting private sector data assets and making them available to the public in an open format.
