The Private Sector Commission (PSC) has welcomed the move by government to provide the Guyana Revenue Authority (GRA) access to the financial banking data of citizens to arrest tax avoidance, but expressed concerns on data protection and privacy rights. The empowering legislation, the Financial Institutions (Amendment) Bill is currently before Parliament.
In a letter to Attorney General Basil Williams, PSC Chairman Norman McLean said the legislation is wanting in the protection of data once released. “We do have some concerns, however, and these relate to data protection and privacy rights. We are cognisant that the granting of legislative authority for access to citizens’ bank account data is not peculiar to Guyana and many countries around the world, particularly the more developed ones, have similar provisions in their legislation. However, jurisdictions where such legislation exists usually have corresponding provisions dealing with criteria for access and protection of the data once accessed or released,” he said.
Mr McLean said the Commission has researched the issue and has found examples in the UK which has a Data Protection Act and the US where the protection is built in to the same Act which provides for access, along with regulations governing the criteria for Federal Revenue Authority’s access to and usage of the data.
He said as a short-term measure, the latter approach may be more prudent while Guyana develop a more general data protection mechanism. According to the Commission, effectively, and in the absence of a Data Protection Act, it would prefer to see an amendment which caters to these concerns, and corresponding regulations guiding the GRA on a number of issues. These are criteria governing requests for access; notice to be served on citizens regarding intended request for access along with an indication of the law for which enforcement is being sought via such access; care and control which such data is in the custody of the GRA; and recourse available to citizens if said data is unlawfully released or published by the Revenue Authority.
Mr McLean has indicated that members of the legal and regulatory sub-committee and the Executive Management Committee of the Private Sector Commission are prepared to meet with the Attorney General to further explore the suggestions it has put forward.