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Stabroek News

Invasion of privacy? - PAC ponders information sharing to track education loan delinquents
published: Wednesday | February 13, 2008

Earl Moxam, Senior Gleaner Writer


( L - R ) Thwaites, Davies, Gallimore

Should government departments share employment information with each other to track down delinquent employees or former employees who owe money to the Government?

That was one of the questions pondered yesterday by members of Parliament's Public Accounts Committee (PAC).

The issue arose during examination of the contractor general's report on the Office of the Cabinet. It was revealed in the 2005/06 report that approximately 200 recipients of government loans to further their studies had defaulted on their commitment to serve the public sector for a period of bonded service in return for the money received.

As at October 31, 2006, delinquent beneficiaries owed the Government more than J$100 million: J$80,159,848; US$621,829; Cdn$198,558; £48,164.

Slow recovery

Sandra Wright, acting director, corporate affairs, in the Office of the Cabinet, told the PAC that the process of recovery was a slow and painstaking one, including contact with other ministries and departments of Government.

"That kind of interministerial outreach has been pursued, with less than satisfactory results," she admitted.

That caused Andrew Gallimore, MP for West Rural St Andrew, to suggest the sharing of information relating to statutory deductions.

"If somebody is making an NIS payment or an NHT payment, you should be able to go to those institutions with your list (of delinquents) and they should be able to identify whether or not they are currently getting deductions from those persons and that should automatically identify where they are employed," he reasoned.

Comply with rules

Dr Omar Davies, chairman of the PAC, urged caution, however, saying the rules governing sharing of information might not allow such cooperation.

"If you look at the legislation governing data collected by various institutions, there are very, very strict rules governing who you can share that information with," he said. It was an option that had been examined by the Students' Loan Bureau, which found that it was not possible, he explained.

Nevertheless, Dr Davies, the former finance minister, conceded that the proposal was worth pursuing.

Ronnie Thwaites, the member from Central Kingston, was more robust in his support of legislative change to facilitate the cooperation required.

The sharing of personal information "raises a number of constitutional issues," he conceded. Nevertheless, the experienced attorney is calling for "a comprehensive review, at the level of Parliament, of the restriction of information between public agencies".

Thwaites argued further that "the parameters of the right of privacy for every citizen, especially where this is used to conceal obligations", was a matter worthy of further consideration.

The right to privacy is an important provision in most constitutional and human rights charters internationally. This is not an unfettered right, however, with the Government reserving the authority to abridge it, in the interest of the State, where necessary.

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