Barbados Minister Marsha Caddle: Calls for Modernizing Data Governance Legislation before Enacting Freedom of Information Act

Minister of Innovation, Science and Technology Marsha Caddle says Barbados is not yet prepared for a Freedom of Information Act.

She said there was the need to modernise existing data governance legislation before such could occur.

During the afternoon session of the CATAPULT Technology Conference, held last Friday at the Lloyd Erskine Sandiford Centre, she responded to a query about the long-called-for legislation.

A Freedom of Information Act typically allows citizens to access Government-held information, promoting transparency and accountability within public institutions. However, the discussion on bringing such legislation has been ongoing for several years.

“We are more and more creating an industry out of data and therefore data governance is important,” Caddle stated.

“There is currently legislation, there is an old Statistics Act, there is the more recent 2019 data protection legislation; there are about four other pieces of legislation that relate to data and how it is shared. Obviously, this has to be modernised and we are having the Policy and Legislative Unit look into the aspects that are truly in need of change,” she said.

The minister stressed that a comprehensive approach to data governance could mitigate the need for a Freedom of Information Act.

“We would not be talking about a data industry without understanding that we must address those things. You will find that if you have solid data governance principles and legislation in place, in those jurisdictions people seldom relate or call for a Freedom of Information Act. It just is not necessary,” Caddle said.

Highlighting the benefits of proactive data management, she added: “I actually prefer the positive orientation to make sure that you understand all of the situations that data can be requested and shared, and be led by that part.

“It is not to say that the freedom of information is never required, but in cases where data is flowing freely in the way that you want with sound governance policies, you would find that there are very few requests for a Freedom of Information Act.”

The minister pointed to Jamaica’s experience with freedom of information legislation as a cautionary tale. She underscored the need for thoughtful and effective data governance as the foundation for any future legislative efforts related to information access and transparency.

“Jamaica introduced freedom of information legislation several years ago and found that it could not comply with its own legislation. When you make it law to provide data within a certain time frame, to certain groups of people, with certain frequency, you better be able to fulfil that,” she said.

Caddle said the Statistics Act was a critical step in this process.

“So when we look at our Statistics Act, which is in the process of being reviewed, those steps must be followed first. When you bring a Freedom of Information Act now, it would be incapable of being complied with.” (CLM)