{"id":937,"date":"2017-12-08T18:27:54","date_gmt":"2017-12-08T18:27:54","guid":{"rendered":"http:\/\/westernmirror.com\/?p=937"},"modified":"2017-12-08T18:27:54","modified_gmt":"2017-12-08T18:27:54","slug":"tone-deaf-and-optically-challenged-government","status":"publish","type":"post","link":"https:\/\/westernmirror.com\/?p=937","title":{"rendered":"TONE DEAF AND OPTICALLY CHALLENGED GOVERNMENT"},"content":{"rendered":"

Anthony Barrett<\/strong><\/p>\n

 <\/p>\n

This column, along with others, has been an unrelenting advocate for a national database to identify perpetrators and purveyors of violence. That database, ostensibly, would aid in the fight against criminality and the wanton murders assailing Jamaica. That proposed database would include fingerprints and DNA of known and convicted felons, along with unknown DNA on spent shells and war heads recovered at crime scenes.<\/strong><\/p>\n

With amendments to the Voting Rights Act, the security forces would have been able to match fingerprints recovered at crime scenes by accessing fingerprint information from the Electoral Office of Jamaica. That biometric data would remain centrally stored at the EOJ. Accessible only when they are to be electronically matched against those arrested for criminal offences including murders and shootings.<\/p>\n

That methodology would be our own limited version of the Automated Fingerprint Identification System (AFIS), a national criminal database similar to those used in all developed countries. The ultimate goal would be the creation, over time, with on file data, a fully-fledged AFIS template.<\/p>\n

Incidentally, the Automated Fingerprint Identification System (AFIS) is a biometric identification (ID) methodology that uses digital imaging technology to obtain, store, and analyse fingerprint data. The AFIS was originally used by the U.S. Federal Bureau of Investigation (FBI) in criminal cases.<\/p>\n

At no time was there any suggestion that, the nation as a whole, including those in the Diaspora, should be forced to supply the government with their genomic data. To have suggested that, would be like giving the government a subtle nod to infringe on the rights of law-abiding Jamaicans.<\/p>\n

As it stands, NIDS, as envisaged by the government, is now the law of the land no matter how temporary that might be. The authoritarian and demagogic implementation of a very invasive national identification system by the government has raised my ire along with that of most Jamaicans with whom I have spoken.<\/p>\n

NO PROPER CONSULTATION<\/strong><\/p>\n

This onslaught on our civil liberties was achieved without proper consultation with the Jamaican stakeholders. After ramming through this onerous bill, the government, through whatever means necessary, must belatedly be compelled to consult, give legislative protection and most importantly, assurance to the nation that our personal data will not be abused or compromised. Enshrined in law must be clear, fair, privacy policies that cannot be breached by the government for partisan political mischief\/one-upmanship or the miscarriage of justice by law enforcers.<\/p>\n

Without a doubt, the government got their priorities wrong; they missed the point regarding consultation when it came to the collection, storage and the dissemination of said data. To achieve their hot-headed objective, they overlooked the fact that this piece of legislation should have been based on trust and protection derived from consultation.<\/p>\n

While somewhat late, this tone deaf and optically challenged government must recognize that without the donors\u2019 trust, forced as it might be, in the process and legislative protection by the government, NIDS is bound to fail, due particularly to the invasive and dictatorial DNA component of this vexatious piece of legislation.<\/p>\n

SENSITIVE ISSUES<\/strong><\/p>\n

Thus, the following are questions meant to further seek clarity on the bothersome and sensitive issues of privacy and the securing of our personal data which many fear will either be trampled on or be, wittingly or unwittingly, exposed by the incoherence in execution surrounding the collection, electronic storage and usage of our DNA data in the new NIDS legislation.<\/p>\n

Will the government clearly and unambiguously disclose to Jamaicans, exactly what they are going to do with the DNA once a person\u2019s cheek swab is taken by the government? What provisions are in place to prevent cross-contamination? Will our international partners in crime-fighting and anti-terrorism have access to the collected data? If so, will an individual or his\/her legal representative have the right to challenge the sharing of one\u2019s personal scientific information with those international partners?<\/p>\n

After the DNA collection and mapping, one would think that information will be inputted to a central electronic data bank, thus, for our peace of mind, can we be assured that there is air-tight cyber legislation in place to prevent cyber hacking and tampering of and with the collected and stored data? Will there be stringent criminal penalties to deter the illegal access, sale of personal data and or tampering by overzealous police officers?<\/p>\n

Without impregnable firewalls and severe criminal punishment, it is feared that our data will be fair game for white collar criminals, underpaid civil servants and rogue police officers.<\/p>\n

\u201cIt\u2019s really inevitable that these DNA databases will be breached; this is just tempting, tempting data for the government,\u201d according to Michelle De Mooy, director of the privacy and data project at the Center for Democracy & Technology, a Washington think tank on privacy and governance issues.<\/p>\n

NOT TRUE<\/strong><\/p>\n

While not addressing the security of our personal biologic data, the apologists for the government point to our big brother to the North and the data collection methods used, but the picture these government defenders paint is not entirely true. The American people are opposed to too much governmental intrusion, they do not voluntarily give up DNA information neither are they forced to do so under the colour of the law unless they are targets in a criminal probe.<\/p>\n

In my research, I have found that for the most part, Americans are worried about health insurers getting their personal information or the government having access to their information. They are also opposed to law enforcement having access to that information as is being proposed here in Jamaica. In a nutshell, don\u2019t be fooled by the rhetoric as it relates to the USA, there is a great deal of resistance to DNA collection because of privacy concerns. We too must be so concerned and reject the government\u2019s effort until we are protected legislatively.<\/p>\n

Jamaicans love to emulate all things American, or better yet, \u2018falla fashin\u2019. Thus, it\u2019s fair to assume that the majority of us are certainly aware of the American obsession with heritage identity and the bourgeoning DNA testing kit industry that mania has spawned.<\/p>\n

This raises another troublesome issue, will commercial entities, particularly testing labs, be able to legally purchase or have access to DNA information from the government database? With a readymade DNA database, will there be a plethora of newly minted DNA testing labs throughout Jamaica?<\/p>\n

\u2018JACKET\u2019 CHILD<\/strong><\/p>\n

In Jamaica land, where \u2018jackets\u2019 are the norm, I fear there will be an explosion of commercial entities specializing in DNA searches and testing through the sale of DNA kits to check one\u2019s DNA heritage or that of the suspected \u2018jacket\u2019 child.<\/p>\n

However, as callous as that might be, that is not where the potential exploitation of our collected data ends. According to American experts on the commercialization of DNA, human genetic material can be extremely valuable to some commercial interests.<\/p>\n

According to those experts, the proliferation or the illegal sale of a person\u2019s DNA can make them the target of creepy advertising by companies aware of their genetic predispositions, like overeating or gambling.<\/p>\n

According to Robert Lord, chief executive of Protenus, \u201cPerhaps we start to understand that particular genetic markers indicate a susceptibility to more addictive behaviours. You could imagine that gambling institutions or casinos might say, \u2018Well, you know what? Why don\u2019t we target and segment individuals who have addictive personalities?\u2019\u2019 In essence, through unchecked DNA collection, therein lays the potential for exploitative demographic profiling and targeting.<\/p>\n

Those concerns have become so grave, Senate Democratic Leader, Chuck Schumer of New York, called last week for greater scrutiny over how the consumer genomics companies can sell DNA databases to others. Schumer said, \u201cMost people, if they knew that this information could be sold to third parties, would think twice.\u201d<\/p>\n

For Jamaica, these are uncharted waters where we will either swim or sink. No system in Jamaica is foolproof; every single one can be beaten with the aid of corrupt government employees. Hence, I caution that if the government gets its way in imposing this invasive DNA provision in the newly minted NIDS legislation, due care must and should be exercised in protecting our DNA data. Peace!<\/p>\n

moco_barrett1@hotmail.com<\/em><\/strong><\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Anthony Barrett   This column, along with others, has been an unrelenting advocate for a national database to identify perpetrators and purveyors of violence. That database, ostensibly, would aid in the fight against criminality and the wanton murders assailing Jamaica. That proposed database would include fingerprints and DNA of known and convicted felons, along with […]<\/p>\n","protected":false},"author":1,"featured_media":938,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[293,292],"class_list":["post-937","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news","tag-nids","tag-opinion"],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/posts\/937","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/westernmirror.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=937"}],"version-history":[{"count":1,"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/posts\/937\/revisions"}],"predecessor-version":[{"id":939,"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/posts\/937\/revisions\/939"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/westernmirror.com\/index.php?rest_route=\/wp\/v2\/media\/938"}],"wp:attachment":[{"href":"https:\/\/westernmirror.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=937"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/westernmirror.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=937"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/westernmirror.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=937"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}