Unbiased look at the Sint Maarten Elections
PHILIPSBURG, Sint Maarten — Members of Parliament Christophe Emmanuel and Claudius Buncamper in a joint press release on Sunday stressed that the proposed Consensus Kingdom Law (Rijkswet) on Data Protection, if passed as currently intended, is tantamount to abuse and it must be stopped dead in its tracks. Both MPs said that the Government of St. Maarten needs to deal with the matter in a transparent manner and consult the public so our people know what you are intending to do by literally subjecting them to more privacy issues.
The MPs were reacting to a presentation to Parliament made by Minister of Justice Anna Richardson last week, which was basically the same information provided to MPs and others at a session held at the Simpson Bay Resort earlier this month by the three person committee that is slated to head a so-called Independent Supervisory Authority. The countries in the Kingdom have jointly decided to harmonize Data Protection in the Caribbean part of the Kingdom by a Consensus Kingdom Law as outlined in the approved country packages. Preparations are being made to start with the actual drafting of the Consensus Kingdom Law.
MP Buncamper and Emmanuel made it clear that they are not against protection of personal data, breaches and mis-use. However, two concerning issues became clear from the Ministers presentation; The Caribbean countries of the Kingdom will have to submit tax, medical and other personal information for protection to the Netherlands to be supervised by the aforementioned independent supervisory authority with far-reaching powers. Yet another Dutch imposed entity for St. Maarten to deal with, MP Emmanuel said.
Secondly, the Netherlands isnt part of the law of data protection as they have their own set up. If the Netherlands want a consensus law, then they too should be part of the law and replace what they have and make their data available to country St. Maarten just like we have to make to them. Anything other than that is not acceptable and will not carry my support for a consensus kingdom law, MP Buncamper said.
The MPs stressed that they cannot support providing the personal data of St. Maarten citizens to third parties for possible judicial reasons which arent regulated by law. The Dutch government will have our data and can disseminate it to anyone internationally and we dont have the same rights like them. Non-equality once again showing its ugly face, MP Buncamper said.
MP Emmanuel said the presentation by the Justice Minister is the latest example of why the country packages needed to be discussed in-depth by the Parliament of St. Maarten, but were instead rushed through by the government by providing vague and empty answers to the concerns of the MPs.
The Ministers presentation was the first time that I was seriously worried and scared for St. Maarten. This government is just giving everything away. The country signed off on country packages without even understanding the implications of every point in those packages. We have laws that can be used to obtain information needed for any kind of investigation. Yet we are expected to support giving away personal information to Holland and an entity with independent powers? Never, MP Emmanuel said.
The MPs also questioned why not simply appoint a local body to overlook these matters for St. Maarten. That notion has apparently been dismissed since the counter-argument being used is that considering the fact that a Kingdom Law is currently being established with a regional supervisory authority, it will be pointless to establish a local supervisory authority. Imagine that. So the discussion seems to be a forgone conclusion. Once again, this government is using the Parliament as a rubber-stamp for the Dutch and its intention through the country packages, MP Emmanuel said.
MP Buncamper added that the country signing off the country packages without understanding the implications is exactly what happened with 10-10-10 and today we have to deal with those mistakes. I will not be part of these shenanigans for money. And those that demand these types of conditions should be prosecuted for blackmail, he said. The entity that Emmanuel referred to, the so-called supervisory authority, will carry out its duties in complete independence. It will act completely independently in the performance of its duties and the exercise of its powers and will remain free from all or no direct external influence and will not ask nor take instructions from anybody. It will have its own and self-selected staff, who are under the exclusive management of the member or members of the supervisory authority.
Important to note is that during the presentation a Simpson Bay Resort, the members of the intended supervisory authority could not provide an explanation on how their independent and far reaching authorities conflicts with the Kingdom Charter and Hollands role in the Charter in specific cases.
Both MPs said there are fundamental questions that must be asked.
Including but not limited to;
