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In its original words.
National Identification and Registration Act, 2021 (No. 25)
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Source and version: Enacted 2021 Act as published; not a guarantee of a fully consolidated current text. The older 2017 law and 2020/2021 Bills are not substituted.
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Short title and commencement
Simple English · independent explanation
This gives the law its name and allows the Minister to bring its provisions into force by published order, including on different dates.
Source transcription · unproofread
1. This Act may be cited as the National Identification and Registration short title
Act, 2021, and shall come into operation on a day to be appointed by eS
the Minister by order published in the Gazerte, and different days may
be appointed under this section in respect of different provisions of this
Act.
Interpre-
tation.
[No. ] The National Identification and Registration
Act, 2021
Interpretation
Simple English · independent explanation
This explains the legal meaning of key words, including the Authority, enrolment, identity information, authentication and national databases. These definitions affect how every later section is read.
Source transcription · unproofread
2. Inthis Act—
“Appeal Tribunal” means the Appeal Tribunal established under
section 26;
“authentication” means the process by which the authenticity ofa
‘National Identification Number or National Identification
Card is proved;
“Authority” means the National Identification and Registration
Authority established under section 5;
“Chairperson”, in relation to the Authority, means the chairperson
of the Authority;
“civil registration” means the inclusion of information in—
(a) acivil status register under the Registration (Births
and Deaths) Act;
(b) the Adoptec! Children Register under the Children
(Adoption of) Act; or
(c) another register required to be kept by the
Registrar-General under any other law;
“Civil Registration Databases” means the databases established
pursuant to section 9(1)(b);
“enrolled individual” means an individual whose identity information
is stored in the National Identification Databases;
“enrolment” means the collection of identity information for storage
in the National Identification Databases;
“Executive Director” means the Executive Director of the Authority,
provided for in section 6;
“functions”, unless the context otherwise requires, includes powers
and duties;
“§dentity information” means the biographic, biometric or numerical
information that may be collected under section 11 in respect
ofan individual;
The National Identification and Registration [No. ]
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“information” includes documents, or any other information in
whatever form (whether electronic or otherwise);
“Inspectorate” means the National Identification and Registration
Inspectorate established by section 27;
“National Databases” means the databases established under
section 9(1);
“National Identification Card” or “Card” meens a card issued
under section 16;
“National Identification Databases” means the databases in which
all the identity information collected under this Act by the
Authority is stored;
“National Identification Number” means a National Identification
Number assigned under section 15;
“National Identification System” means—
(a) _ the National Identification Databases established
under section 9;
(b) the National Identification Numbers;
(0) the National Identification Cards; and
(@)_ the processes, automated retrieval and storage,
procedures, plans, networks, services, measures
and interconnected and other associated elements
for the enrolment of individuals, the verification of
their identity and the authentication of National
Identification Numbers and National Identification
Cards;
“personal data” has the meaning assigned to it in section 2 of the
Data Protection Act;
“public body” means—
(a) aMinistry, Department, Executive Agency, or
other Agency of Government;
4 [No. ] The National Identification and Registration
Act, 2021
(b) aLocal Authority, as defined in section 2 of the
Local Governance Act;
(c) astatutory body or authority; or
(d) acompany registered under the Companies Act,
being a company in which the Government or an
agency of the Govemmentis in a position to direct
the policy of that company;
“Regiscrar-General” means the Registrar-General under the
Registration (Births and Deaths) Act;
“spouse” has the meaning assigned to it in the Property (Rights of
Spouses) Act;
“verification” means the process by which the Authority establishes
the accurecy of identity information.
Objects
Simple English · independent explanation
The Act provides for national identification and civil registration while requiring consistency with the laws that protect identity information and other personal data.
Source transcription · unproofread
Objects. 3. The objects of this Act are to provide for—
(a) asystem of national identification; and
(b) the administration of the system of civil registration,
in conformity with all laws applicable to civil registration, the protection
of identity information and other personal data.
Application
Simple English · independent explanation
Citizens and people ordinarily resident in Jamaica can be eligible. The law defines residence and special exceptions, including the position of certain non-citizens with diplomatic protections. Check the precise categories in the original text.
Source transcription · unproofread
Aprlication. 4.—(1) The following individuals are eligible for enrolment for the
purposes of this Act—
(a) citizens of Jamaica; and
(b) individuals ordinarily resident in Jamaica.
(2) Eligibility under subsection (1) does not apply to any
individual who is nota citizen of Jamaica and whois entitled to immunities
and privileges under the Diplomatic Immunities and Privileges Act.
(3) For the avoidance of doubt, an individual referred to in
subsection (2) is entitled as described in section 25(6) to receive the
information referred to in that section about that individual.
(4) For the purposes of subsection (1)(b) an individual is
ordinarily resident in Jamaica ifthe individual—
(a) _ has, pursuantto a grant of leave to enter and remain in Jamaica
under any law concerning aliens or immigration, resided in
The National Identification and Registration (No. ] 5
Act, 2021
Jamaica for a continuous period of not less than six months
immediately preceding the date of application for enrolment
of the individual; or
(b) isin Jamaica pursuantto a grant of leave to enterand remain
in Jamaica, under any law concerning aliens or immigration,
for the purpose of study.
PART Il—The National Identification and
Registration Authority
The National Identification and Registration Authority
Simple English · independent explanation
This creates NIRA and sets its responsibilities for identification and civil registration. It includes governance, data protection, security, public education, oversight and arrangements for operating the system.
Source transcription · unproofread
5.—(1) There is hereby established a body to be known as the re National
National Identification and Registration Authority, which shall bea body Wéentificarion
corporate to which the provisions of section 28 of the Interpretation Tesiivtion
Act shall apply. Authority.
(2) There is hereby established within the Authority an office to
be known as the Office of the Registrar-General which, under the
management and control of the Authority, shall be responsible for
carrying out the functions of the Registrar-General under—
(a) the Registration (Births and Deaths) Act;
(b) the Children (Adoption of) Act;
(©) the Marriage Act;
(d) the Muslim Marriage Act;
(©) _ the Hindu Marriage Act,
and any other law.
(3) The functions of the Authority are to—
(a) administer the National Identification System;
(b) develop policies, procedures and protocols for the creation,
management and operation of the National Identification
System, including policies, procedures and protocols relating
to—
@ _ theenrolmentofeligible individuals;
Gi) the generation and assignment of a National
Identification Number to each enrolled individual;
[No.
]
©
@
©
co)
@®
)
The National Identification and Registration
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Gi) the issue ofa National Identification Card to each
enrolled individual;
(@y) the collation and reproduction of information
obtained as required under this Act to be collated
and reproduced from time to time;
(v)__ the safe custody and, where required, disposal of
all identity information collected or obtained by
the Authority or stored in the National Databases;
(vi) the promotion of the use of the National
Identification Number and the National
Identification Card; and
(vii) on-going research on developments and best
practices in civil registration and identity
information management;
develop eppropriate systems and protocols for the security,
secrecy, and necessary safeguards for the protection and
confidentiality, of the information stored in the National
Databases;
through the office established under subsection (2), carry
out the functions of the Registrar-General as described in
subsection (2);
provide information and advice, and make proposals, to the
Minister, on matters relating to the Authority;
monitor and promote compliance with this Act and regulations
made under this Act and to develop public education
programmes with a view to promoting such compliance;
develop policies and protocols for the prevention of identity
theft and other instances of fraud with respect to identity
inZormation, and co-operate with other “anti-fraud
organisations” (as defined by section 24(2) of the Data
Protection Act) with regard thereto;
monitor its operations to ensure that they are in conformity
with—
@ __ the Data Protection Act;
The National Identification and Registration [No. ]
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@ __ the Financial Administration and Audit Act and all
applicable financial instructions issued by the
Financial Secretary under that Act;
(ii) the Public Bodies Management and Accountability
Act; and
(jv) anyother law relevant to the management of public
bodies or the protection of identity information;
and
@ __ perform such other functions as it considers necessary for
the efficient discharge of the Authority’s functions.
(4) Inaddition to its fictions under subsection (3), the Authority
shall be responsible for developing the strategic direction of the Authority
and the policies in support thereof and, without prejudice to the generality
of the foregoing, shall—
(a) review and evaluate the performance of the Executive
Director;
(b) review, evaluate, approve, and monitor the implementation,
by the Executive Director, of the Authority’s—.
(@ corporate policies;
(i) operational, strategic and other corporate plans;
and
(ii) annual budget proposals and submissions;
(c) review, evaluate and approve the financial statements and
major expenditure proposals of the Authority;
(d) keep the Minister and the Permanent Secretary of the
Ministry having responsibility for the Authority informed of
all matters relating to the administration and management of
the Authority, including any need for financial, human,
technological or other resources necessary for the
achievement of the Authority’s performance targets;
(e) give to the Executive Director directions in respect of the
management of the Authority;
cc)
(by
@
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Act, 2021
operate ina manner that maximises the effective and efficient
operation of the Authority;
approve the annual, quarterly and other reports of the
Authority, which are required by this Act or any other
enactment to be submitted to the Minister or to Parliament;
monitor the performance of the Authority in respect of its
performance targets and service standards; and
require the Executive Director to provide it with such periodic
reports, and such special reports, as the Authority considers
appropriate in respect of the management of the Authority.
(5) TheAuthority may delegate any of its functions under this
Act, other than the power to delegate, to the Executive Director or any
other member of staff of the Authority, or any member of the Authority.
(6) Every delegation under subsection (5) is revocable by the
Authority, and shall not preclude the Authority from itself performing
the function delegated.
(7) Inperforming its functions, the Authority shall have the
power to—
(@)
()
@
©
institute measures for the promotion of compliance with this
Act;
design and develop systems and procedures which allow
for the public to access its services, including the establishment
of enrolment centres and such other facilities as are necessary
to facilitate enrolment, and to collaborate with public bodies
and private sector entities for that purpose;
introduce cost recovery measures for services provided;
establish procedures and develop, implement and monitor
plans and programmes, relating to the administration of the
‘National Identification System;
conduct seminars and provide appropriate training
programmes and consulting services, and gather and
disseminate information relating to the National Identification
System; and
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(do anything or enter into any arrangement which, in the
opinion of the Authority, is necessary to ensure the proper
performance of its functions.
(8) The Authority shali comply with directions issued to it by
the Inspectorate in respect of any matter regarding the Authority’s
operations, or regarding compliance with this Act or with any other law
concerning the protection or confidentiality of identity information.
(9) The Authority shall manage its human, material and financial
resources in keeping with modem standards and practices of sound
financial management and good corporate governance.
(10) In the performance of its functions, the Authority shall
have regard to the needs of “persons with disabilities” within the
meaning of section 2 of the Disabilities Act.
(11) The provisions of the First Schedule shall have effect
with respect to the constitution of the Authority and otherwise with
respect thereto.
(12) A person commits an offence if the person wilfully
obstructs the Authority in the performance of its functions, and shall be
liable on conviction therefor before a Parish Court, to a fine not
exceeding three million dollars.
Executive Director
Simple English · independent explanation
The Authority has an Executive Director responsible for day-to-day management, subject to the law and the Authority’s directions. The First Schedule gives more detail about this role.
Source transcription · unproofread
6—{(1) There shall be an Executive Director of the Authority, who
shall be responsible for the day to day management of the affairs ofthe
Authority, and in particular shall be responsible for—
(a) coordinating the functions of the Authority by ensuring that
the Authority’s operations are carried out in an efficient and
effective manner;
(b) ensuring the timely implementation of the decisions and
directions of the Author:ty;
(c) submitting quarterly reports, annual reports, and any other
reports required by the Authority, in relation to the functions
of the Authority, in such form and manner as may be
prescribed;
First
Schedule.
Executive
Director.
10
First
Schedule.
Ministerial
directions.
Co-operation
between the
Authority
and public
bodies.
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(d) preparing and submitting to the Authority for approval, the
annual budget of the Authority;
(©) developing and implementing such operational policies,
regulations and procedures as are approved by the Authority
in relation to its functions, including as concerms—
@ human resource management, employee codes
of conduct and a system of performance-based
evaluation;
Gi) _ financial management;
Gi) employee benefits;
(iv) asset and property management; and
(v) enterprise risk management;
( ensuring that the Authority is kept informed of all matters
material to the administration and operation of the Authority;
and
(g) performing such other functions as may be assigned, or
delegated, to the Executive Director by the Authority pursuant
to the Authority’s functions under this Act.
(2) The provisions of the First Schedule shall have effect with
respect to appointment to the office of Executive Director, the terms
and conditions ofemployment of the Executive Director, and otherwise
with respect thereto.
Ministerial directions
Simple English · independent explanation
The Minister may give general policy directions through the legal process set out here. Ministerial powers must be read with the safeguards and limits in the Act.
Source transcription · unproofread
7, The Minister may, after consultation with the Chairperson, give
to the Authority such directions ofa general character, as to the policy
to be followed by the Authority in the performance of its functions, as
appear to the Minister to be necessary in the public interest, and the
Authority shall give effect to those directions.
Co-operation between the Authority and public bodies
Simple English · independent explanation
Public bodies must co-operate with the Authority as required by this section. This is not an unrestricted right for everyone to view identity records.
Source transcription · unproofread
8.—{1) The Authority shall in the exercise of its functions and in the
implementation of the provisions of this Act, co-operate with other public
bodies.
(2) Each public body shall give to the Authority such assistance
as may be necessary for the proper discharge of the functions of the
Authority.
‘The National Identification and Registration [No. ]
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Part Ill—The National Identification Databases and
the Civil Registration Databases
National databases
Simple English · independent explanation
This creates separate national identification and civil registration databases, limits their purposes, and requires protection of stored information. It addresses correcting information and offences involving unauthorised access or interference.
Source transcription · unproofread
9.—{1) National Databases are hereby established, consisting of —
(a) _ the National Identification Databases, in which all the identity
information collected by the Authority under this Act in respect
of enrolment is stored; and
(b) the Civil Registration Databases, in whicizall the information
kept by the Registrar-General for the purposes of civil
registration is stored.
(2) Subject to the provisions of this section, the National
Identification Databases shall be used only for any one or more of the
following purposes—
(a) theenrolment of individuals;
(b) the storage of the identity information of enrolled individuals;
(c) _ the generation and issue ofa National Identification Number
anda National Identification Card to each enrolled individual;
(@) the verification of the identity information of enrolled
individuals and the authentication of National Identification
Numbers and National Identification Cards.
(3) Subject to the provisions of this section, the Civil Registration
Databases shall be used only for the generatior. and issue of such
certificates, and other forms of evidence, of civil registration as the
Registrar-General may require for the purposes of the functions specified
in section 5(2).
(4) The identity information stored in the National Identification
Databases shall—
(a) bein encrypted form that is not legible without decryption,
and that is capable of being converted into legible form when
required for the purposes of this Act; and
(b) where appropriate, be anonymised.
(5) Information stored in the National Databases shall not be ~
altered except in themanner provided by thisAcct, or regulations made
under thisA ct.
National
Databases.
iL
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[No. ] The National Identification and Registration
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(6) Atany time after an individual is enrolled, that individual
may request, in writing to the Authority, the alteration of any identity
information with respect to that individual that the individual claims to
be incomplete, incorrect, misleading or otherwise in need of alteration.
(7) Within fourteen days after receiving a request under sub-
section (6), the Authority shall in writing notify the individual—
(a) ofthe action taken by the Authority in respect of the request;
(b) inthe case ofa refiusal of the request, of the reasons for the
refusal; and
(c) that the individual may appeal to the Appeal Tribunal in
accordance with this Act.
(8) Aperson commits an offence if the person, without lawful
authority, wilfully —
(a) accesses the National Databases;
(b) modifies the contents of the National Databases (whether or
not the modification is intended to be temporary or
permanent); or
(c) intercepts, or causes to be intercepted, any function of the
National Databases,
and shall beliableon conviction therefor before—
(i) aParish Court, to afinenot exceeding threemillion
dollars or to imprisonment for a term not
exceeding three years, or to both such fineand
imprisonment; or
(ii) aJudge of the Circuit Court sitting without ajury,
to a fine, or to imprisonment for a term not
exceeding twenty-five years, or to both such fine
and imprisonment.
(9) A person commits an offence if the person, without lawful
authority, wilfully—
(a) degrades, or causes the failure of, the National Databases,
or interrupts or obstructs the operation of any program or
datain the National Databases; or
The National Identification and Registration _[No. ]
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(b) causes denial of access to, or impairment of, the function of
any program or data in the National Databases.
(10) Aperson who commits an offence under subsection (9)
shall be liable on conviction therefor before—
(a) aParish Court, toa fine not exceeding three million dollars,
or to imprisonment for a term not exceeding three years, or
to both such fine and imprisonment; or
(b) aJudge of the Circuit Court sitting without a jury, to a fine,
orto imprisonment for a term not exceeding twenty-five years,
orto both such fine and imprisonment.
(11) In this section—
“access”, “data”, “function” and “program” shall be construed in
accordance with the Cybercrimes Act;
“Sntercepting” includes—
(a) listening to or viewing, by use of technical means;
or
(6) recording a function of any program or data
comprised in the National Databases, or acquiring
the substance, meaning or purport of any such
function.
(12) Inrelation to an offence specified in subsection (9), the
acts alleged to constitute the offence need not be directed at—
(a) any specifically identifiable program or data, or type of
program or data; or
(b) any program or data held in a specifically identifiable
computer.
Enrolment
Simple English · independent explanation
Enrolment is voluntary. Applicants must receive information about collection, verification, access, correction and appeal rights. This section addresses applications made for children or other people, verification and the absence of an enrolment fee, as well as false or fraudulent applications.
Source transcription · unproofread
10.—{1) An application may be made to the Authority, in such
form and manner as may be prescribed, and subject to the provisions
of this section, for enrolment ofany individual who is eligible as described
in section 4.
(2) Atthe time of an individual's enrolment, the Authority
shall, in such form and manner as may be prescribed, inform that
(a) thatenrolmentis voluntary and that the individual may cancel
the enrolment, in accordance with section 14(1)(b); and
13
Enrolment.
ys 4 [No. ] The National Identification and Registration
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(b) imrespect of the information collected from that individual
for the enrolment—
@ ofthe reason for the collection of the information
and the purpose for which the information will
be used, including a statement that even if the
enrolment is cancelled, the identity information
of the individual may be retained for the purpose
: of compliance with section 24, or for processing
as permitted under section 24(1)(h) of the Data
Protection Act;
@)_ of the fact that steps will be taken to verify the
information, and what those steps are;
(ii) that the individual is entitled to access the
information, and of the steps required for such
access;
(iv) that the individual is entitled to request the
alteration of incomplete, incorrect or misleading
identity information stored in the National
¥ Identification Databases and pertaining to that
individual, and of the steps required to make such
arequest; and =
(vy) _ thatthe individual is entitled to appeal under this
Actagainst any decision, action or omission of
the Authority, other than pursuant to an order
4 F under section 24, conceming identity information
stored in the National Identification Databases
and pertaining to that individual, and of the steps
x required to make such an appeal.
(3) Where an individual has, in accordance with section 11,
submitted identity information to the Authority for the purposes of
enrolment, the Authority—
(a) shall take all reasonable steps to verify that identity
The National Identification and Registration [No. ]
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(b) shall not enter in the National Identification Databases any
identity information that has not been verified by the Authority;
(c) upon verifying that identity information as required by this
subsection, shall enter that identity information in the National
Identification Databases; and
(d) upon completion of the enrolment, shall in such form and
manner as may be prescribed supply the individual with a
copy of the identity information, pertaining to that individual,
that has been entered in the National Identification Databases.
(4) An application for the enrolment of an individual who is
referred to in subsection (1) may be made on behalf of that individual
by—
(a) ifthe individual is under the age of eighteen years—
@ __ the individual’s parent or guardian; or
(@ where the individual is in the custody ofa facility
for the care of children, the officer in charge of
(b) inthe case of an individual with a “mental disorder” as defined
in the Mental Health Act, the nearest relative of the person,
determined in accordance with section 3 ofthe Mental Health
Act,
and the information required to be provided under subsection (2) shall
be treated as having been provided to the individual if itis provided to
that applicant.
(5) Where an individual who is imprisoned or detained ina
“correctional institution” (as defined in the Corrections Act) wishes to
apply for enrolment, the officer in charge of the institution shall facilitate—
(a) themaking of the application; and
(b) such access to the individual as may be reasonably required
by the Authority for the purpose of effecting the enrolment.
(6) No fee shall be payable in respect of enrolment, or an
application for enrolment.
15
16 [No. ] The National Identification and Registration
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(7) An individual who—
(a) provides false information or makes a false statement ofa
material nature with the intention of obstructing or misleading
the Authority when—
(® providing information for an entry to the National
Identification Databases;
i) making a modification to an entry to the National
Identification Databases;
ii) making a confirmation of the content of an entry
to the National Identification Databases; or
(iv) obtaining the issue or re-issue of a National
Identification Card;
(b) fraudulently obtains for the use of that individual, or for the
use of another individual, a National Identification Card;
(c) falsely alleges the loss or destruction of that individual’s
‘National Identification Card and applies fora new card while
knowingly in possession of the National Identification Card;
or
(d)__ provides false information in order to impersonate an enrolled
individual,
commits an offence and shall be liable upon conviction therefor before
a Parish Court to a fine not exceeding three million dollars or to
imprisonment fora term not exceeding three years, or to both such fine
and imprisonment.
(8) For the purpose of subsection (7), an individual provides
false information if at the time of the provision of the information the
individual knew or believed the information to be false.
Identity information
Simple English · independent explanation
This specifies the kinds of identity information that may be collected, including biographical details, specified biometrics and relevant reference numbers. It also addresses missing information and collection without lawful authorisation. Read the exact list and restrictions rather than assuming all personal information can be demanded.
Source transcription · unproofread
Identity 11.—{1) The following identity information may be required by the
information. 4 ythority from an individual for the purpose of enrolling the individual—
(a) the following biographic information of the individual—
(full name (including any names used prior to a
change of name by deed poll or marriage);
Gi) date of birth;
The National Identification and Registration __[No. ]
Gi)
@)
®)
(vi)
(vii)
Act, 2021
country of birth;
place of birth;
names of mother and father;
whether the individual is male or female, as
recorded on the individual’s birth certificate;
principal place of residence and, where applicable,
any other places of residence;
(viii) nationality, in the case of an individual who is not
(ex)
®&
(i)
Gai)
acitizen of Jamaica;
period of residence in Jamaica, in the case of an
individual who is nota citizen of Jamaica;
marital status;
name of spouse (if applicable); and
occupation;
(b) the following biometric information in respect of the
@
Gi)
Gi)
facial image;
fingerprints or, in any case where a person is
physically unable to provide a fingerprint, such
alternative to a fingerprint as may be prescribed;
and
manual signature, in the case of an individual who
is eighteen years of age or older; and
(c) the registration number assigned under Part VIB of the
Revenue Administration Act and the following other reference
numbers in respect of the individual, where applicable—
@
@
Gi)
()
birth entry number,
driver’s licence number,
passport number;
‘National Insurance number;
17
1g
[No. ] Tae National Identification and Registration
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(v) Programme of Advancement Through Health and
Education (PATH) number; and
(vi) elector registration number.
(2) Inany case where an individual is unable to supply any
one or more items of identity information listed in subsection (1), the
Authority shall determine, in accordance with subsection (3), whether
the information supplied with the application for enrolment is sufficient
to effect the enrolment and if the Authority determines that the
information—
(a) _ is sufficient, shall proceed to effect the enrolment; or
(b) _ is insufficient, shall deny the application for enrolment and
saall advise the applicant of the reason for the denial.
(3) Anapplication shall be treated as being insufficient to
effect the enrolment of an individual if the following information is not
provided with the application—
(a) the following biographic information of the individual—
@ full name (including any names used prior to a
change of name by deed poll or marriage);
(i) date of birth;
Gi) country of birth;
(v) place of birth;
(v) whether the individual is male or female, as
recorded on the individual’s birth certificate;
(vi) principal place of residence;
(vii) nationality, in the case of an individual who is not
acitizen of Jamaica;
(viii) period of residence in Jamaica, in the case of an
individual who is nota citizen of Jamaica;
(x) marital status; and
(x) name of spouse (if applicable);
The National Identification and Registration (No. ]
‘Act, 2021
(b) the following biometric information in respect of the
() facial image;
@) fingerprints or, in any case where a person is
physically unable to provide a fingerprint, such
alternative to a fingerprint as may be prescribed;
and
ii) manual signature, in the case of an individual who
is eighteen years of age or older; and
(c) the registration number assigned under Part VIB of the
Revenue Administration Act and the following otherreference
numbers in respect of the individual, where applicable—
@ _ birthentrynumber,
(i passport number;
ii) driver’s licence number; and
(iv) elector registration number.
(4) Aperson commits an offence if the person knowingly
obtains or possesses identity information of any other person in
circumstances that give rise to a reasonable inference that the information
has been, or is intended to be, used to commit an offence under this Act
or any other law.
(5) Aperson who commits an offence under subsection (4)
shall be liable on conviction therefor before a Parish Court, toa fine not
exceeding two million dollars or, on conviction therefor before a Circuit
Court, toa fine or to imprisonment for a term not exceeding five years.
Verification of identity information
Simple English · independent explanation
The Authority must take steps to check submitted identity information and may require supporting documents. The section identifies relevant documents and the verification process.
Source transcription · unproofread
12.—{1) Identity information submitted by an individual for enrolment
shall be verified by the Authority in accordance with this Act.
(2) For the purpose of verifying identity information in
accordance with this Act, the Authority may request that the applicant
provide any one or more of the following documents in respect of the
individual seeking enrolment—
(a) birth certificate or adoption certificate or, in the case of a
person who does not possess a birth certificate, a certificate
19
Verification
of identity
information.
20
Identity
information
of
participants
in Justice
Protection
Programme.
Cancellation
of
enrolment.
(b)
©
@
©
®
(g)
(hy
@
10)
&®
0)
The National Identification and Registration
Act, 2021
of citizenship issued by the Minister with responsibility for
national security;
passport;
driver’s licence;
electoral registration identification card:
marriage certificate;
deed poll;
an identification card issued by an “educational institution”
as defined in the Education Act;
an identification card issued by the individual’s current
employer;
decree absolute of dissolution or nullity of marriage;
in the case of a person with a disability, a certificate of
registration issued to the individual by the Jamaica Council
for Persons with Disabilities;
verification of the assignment of aregistrationnumber pursuant
to section 17D of the Revenue Administration Act;
any other document containing identity information of the
Identity information of participants in Justice Protection Programme
Simple English · independent explanation
Special arrangements apply to identity information of people in the Justice Protection Programme. The Authority must use the agreed protected procedures described in this section.
Source transcription · unproofread
13. Where the Authority receives a notification under the Justice
Protection Actas to any matter which may concern the identity ofan
enrolled individual, the Authority may act in accordance with such
procedures, in respect of enrolled individuals who are participants under
the “Justice Protection Programme” (within the meaning of the Justice
Protection Act), as are agreed with the “Administrative Centre” (as
defined in the Justice Protection Act).
Cancellation of enrolment
Simple English · independent explanation
This gives the grounds and process for cancelling enrolment, including cancellation requested by an enrolled individual and circumstances affecting eligibility. Cancellation also affects the card and retained information, subject to the exact safeguards and retention rules.
Source transcription · unproofread
14—(1) The Authority shall cancel the enrolment ofan enrolled
individual if—
rc)
the Authority becomes aware that, having regard to section
4, the individual is not eligible for enrolment for the purposes
of this Act; or
The National Identification and Registration [No. ]
Act, 2021
(b) the individual requests in writing to the Authority, accompanied
by the National Identification Card issued to that individual,
that the enrolment be cancelled.
(2) The Authority may cancel the enrolment ofan enrolled
individual if the Authority is satisfied that the identity information stored
in the National Identification Databases is inaccurate.
(3) Where pursuant to subsection (1)(a) or subsection (2),
the Authority cancels the enrolment of an individual, the Authority shall
in writing notify the individual of the cancellation, stating the reason for
the cancellation and informing the individual—
(a) that the individual is no longer entitled to use a National
Identification Number, and that the National Identification
Card issued to the individual must be surrendered in
accordance with subsection (6); and
(b) ofthe right to appeal under section 26,
and, in the case of cancellation under subsection (2), shall erase the
inaccurate identity information from the National Identification Databases
and ensure that the information is disposed of in accordance with the
applicable laws relating to the protection of personal data.
(4) Where, pursuant to subsection (1)(b) or (2) the Authority
cancels the enrolment of an individual, the Authority may subsequently
enrol the individual if—
(a) inthe case of cancellation pursuant to subsection (1)(b), an.
application is made for the subsequent enrolment of the
individual, and in any such case the Nacional Identification
Number assigned to that individual on the subsequent
enrolment shall be the same National Identification Number
assigned to that individual on the previous enrolment; or
(b) inthe case of cancellation pursuant tc subsection (2), the
Authority is satisfied as to the accuracy of the identity
information of the individual provided on an application in
accordance with this Act for the subsequent enrolment of
21
22 [No. ] The National Identification and Registration
Act, 2021
(5) Upon the cancellation under this section of the enrolment
ofan individual, the Authority—
(a) shall cancel the National Identification Card issued to that
individual; and
(b) shall—
@ _ notbegin or shall cease (as the case may require)
to process the identity information provided by
the individual for the purposes of the enrolment;
and
ii) notify the individual in writing that the enrolment
has been cancelled and that the individual may at
any time re-apply for enrolment in accordance
with section 10.
(6) An individual who, pursuant to subsection (3) or (5) is
given notice that the individual’s enrolment has been cancelled—
(a) _ shall no longer use a National Identification Number; and
(b) inthe case of cancellation pursuant to subsection (3) shall
surrender to the Authority, within thirty days after receiving
the notification, the National Identification Card issued to
that individual.
(7) Anindividual who, without reasonable excuse, contravenes
subsection (6) commits an offence.
(8) Inthis section “process”—
(a) has the meaning assigned to it by section 2(1) of the Data
Protection Act; and
(b) for the avoidance of doubl, does not include processing—
@ __ required for compliance with section 24; or
(i) permitted under section 24(1)(h) of the Data
Protection Act.
National Identification Number
Simple English · independent explanation
An enrolled person receives a unique National Identification Number. The section controls assignment and later use of the number, including safeguards against issuing or using it improperly.
Source transcription · unproofread
National 15.—{1) The Authority shall, in accordance with subsection (2),
Neatfieston generate, or cause to be generated, and assign a unique identification
number, to be known as a National Identification Number, to every
enrolled individual.
The National Identification and Registration (No. ]
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(2) For the purposes of subsection (1), the National
Identification Number—
(a) shall be arandomly selected number that does not contain
any digits thatrelate to an attribute of the enrolled individual,
and shall be identical to the registration number assigned to
that individual under Part VIB ofthe Revenue Administration
Act;
(b) shall be assigned permanently to the enrolled individual; and
(©) shall not be assigned or re-assigned to another individual
during the lifetime, or after the death, of the individual to
whom itis originallyassigned.
National Identification Card
Simple English · independent explanation
The Authority issues a National Identification Card under the statutory conditions. The section covers ownership, issue, replacement, loss or damage, and offences involving misuse. Do not treat replacement conditions as identical to first issue.
Source transcription · unproofread
16.—(1) The Authority shall, in accordance with this section, issue
an identification card, tobe known as a National Identification Card, to
each enrolled individual.
(2) ANational Identification Card issued under this section is
deemed to be a public document for the purposes of section 22 of the
Evidence Act.
(3) The Authority shall keep a record of every National
Identification Card issued by the Authority.
(4) A National Identification Card issued to an enrolled
individual shall not be transferred to another individual.
(5) The issue ofa National Identification Card to an individual
shall not be treated as conferring any right of citizenship on, or as proof
of the domicile of, an individual.
(6) Subject to subsection (8), the issue of a National
Identification Card to an enrolled individual shall not be subject to the
imposition ofa fee payable by or on behalf of the enrolled individual.
(7) Anenrolled individual to whom a National Identification
Card is issued shall have a duty to—
(a) ensure the safe custody of the card;
(b) as soonas reasonably practicable after becoming aware of
any error in the information on the Card, notify the Authority
thereof and in writing request the alteration of the information;
and
National
Identification
Card.
24
Use of
National
Ikentification
Card
[No. ] The National Identification and Registration
Act, 2021
(©) _ promptly notify the Authority, by voluntary declaration in such
form and manner as may be prescribed, of any loss, theft,
mutilation or destruction of, or damage to, the National
Identification Card.
(8) Where a National Identification Card has been lost, stolen,
mutilated, destroyed or damaged, the individual to whom the Card was
issued may apply to the Authority in such form and manner, accompanied
by such fee, as may be prescribed, for replacement of the Card.
(9) A National Identification Card issued to an individual
remains the property of the Authority.
(10) A person commits an offence if the person wilfully tampers
with a National Identification Card and shall be liable on conviction
therefor before a Parish Court, to a fine not exceeding three million
dollars orto imprisonment for a term not exceeding three years, orto
both such fine and imprisonment.
(11) Aperson commits an offence if the person wilfully takes
possession of, or retains—
(a) aNational Identification Card, knowing that the Card was
improperly obtained; or
(b) a card, knowing that the card is a counterfeit National
Identification Card,
and shall be liable on conviction therefor before a Parish Court, toa
fine not exceeding three million dollars or to imprisonment for a term
not exceeding three years, or to both such fine and imprisonment.
(12) A person who, without reasonable excuse, fails to notify
the Authority as required under subsection (7)(c), of the loss or theft of
a National Identification Card commits an offence.
(13) Aconviction under subsection (12) shall not form part of
the criminal record of the offender.
Use of National Identification Card
Simple English · independent explanation
This explains use of the card as proof of identity and the legal duties that apply when it is presented. It also makes impersonation and related misuse an offence. Read the exact rule alongside any applicable regulations and exceptions.
Source transcription · unproofread
17—(1) Anenrolled individual who is issued a National Identification
Card may use the Card as a means of proving that individual's identity,
The National Identification and Registration [No. ]
Act, 2021
and where such an individual furnishes the Card to a person who requires
proof of the individual’s identity—
(a) the Card shall be accepted as sufficient proof of the
individual’s identity; and
(b) the person shall not require the individual to produce any
additional proof of identity.
(2) Aperson commits an offence if the person—
(a) uses a National Identification Card in order to impersonate
an enrolled individual; or
(b) permits or induces another person to use a National
Identification Card in order to impersonate an enrolled
and shall be liable on conviction therefor before a Parish Court, to a
fine not exceeding three million dollars or to imprisonment fora term
not exceeding three years, or to both such fine and imprisonment.
Period of validity of National Identification Card
Simple English · independent explanation
Card validity and renewal depend on the conditions stated here, including the person’s age when first issued. The Authority may require the existing card to be surrendered when a replacement or renewal is issued.
Source transcription · unproofread
18.—{1) A National Identification Card issued to an individual
who, at the time of first issue of the National Identification Card is—
(a) younger than cighteen years of age, shall be valid for five
years from the date of issue, and is renewable for successive
periods of five years until the individual attains the age of
eighteen years;
(b) eighteen years of age or older, shall be valid for ten years
from the date of issue and shall be renewable for successive
periods of ten years during the lifetime of the individual.
(2) An application for the renewal of a National Identification
Card may be made within the period of six months before the date of
expiration of the existing National Identification Card, or at any time
after the date of expiration of the National Identification Card.
(3) The Authority shall renew a National Identification Card
in such manner as shall be prescribed.
(4) The Authority may require an individual seeking a renewal
ofaNational Identification Card to surrender to the Authority the existing
National Identification Card (whether still current or expired) in exchange
for arenewed Card.
25
Period of
validity of
National
Identification
Card.
26 [No. ] The National Identification and Registration
Act, 2021
Content of National Identification Card
Simple English · independent explanation
This sets the required or permitted contents of the card and the limits on what it may show or contain. The original text is the complete reference for the individual fields.
Source transcription · unproofread
Content of 19.—(1) The National Identification Card shall be issued in such
National formand bear such information as shall be prescribed, including—
Identification
Lia (a) onthe front of the card, in relation to the individual to whom.
itis issued—
@
@)
ci)
(iv)
the National Identification Number assigned to.
thatindividual;
the name of the authority that issued the card;
the name, date of birth, facial image and manual
signature of the individual;
the nationality of the individual;
(b) on the back of the card—
@
i)
Gi)
@)
)
wi)
the parish or place of enrolment of the individual;
the date of issue of the Card;
the date of expiry of the Card;
the card control number,
whether the individual is male or female, as
recorded on the individual’s birth certificate;
the category of enrolment (that is, whether asa
citizen or individual ordinarily resident in Jamaica),
and, stored within the card, a digital representation of the minutiae
of the fingerprint of the individual, for the purposes of
authentication.
(2) Subject to section 16(5), a National Identification Card
shall be prima facie proof of the particulars which the Card bears.
(3) Aperson commits an offence if the person, without lawful
authority, makes, produces, manufactures, prints, binds, designs, or
distributes, any document purporting to be a National Identification
Card.
(4) A person who commits an offence under subsection (3)
shall be liable on conviction therefor before a Parish Court, to a fine not
exceeding three million dollars or to imprisonment for a term not
exceeding three years, or to both such fine and imprisonment.
The National Identification and Registration [No. ]
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Cancellation of National Identification Card
Simple English · independent explanation
This lists grounds for cancelling a card and gives the notice and response procedure. A proposed cancellation and a final cancellation are different stages; the legal time limits and exceptions matter.
Source transcription · unproofread
20.—(1) The Authority may cancel a National Identification Card if
satisfied that—
(a) the National Identification Card was issued based on
inaccurate or incomplete identity information;
(b) the Card was issued in error;
(©) there is a defect in the form of the Card; or
(@ _ inrespect of the individual to whom the Card was issued—
@ the Minister with responsibility under the Jamaican
Nationality Act has—
(A) caused a declaration of renunciation of
citizenship of Jamaica, made by that
individual, to be registered under that
Act; or
(B) under that Act, deprived that individual
of citizenship of Jamaica; or
(i) the Minister with responsibility under the
Immigration Restriction (Commonwealth Citizens)
Act or Aliens Act (as the case may require) has,
under that Act, revoked the leave of that individual
to remain in Jamaica.
(2) The Authority shall not cancel a National Identification
Card under subsection (1) unless—
(a) the Authority, by notice given in the prescribed form, informs
the individual—
@ __ ofthe proposed cancellation and of the individual’s
right to appeal under section 26 against the
proposed cancellation; and
i) _ that the Card is suspended, and that use of the
Card is prohibited under subsection (3), during
the period referred to in subsection (4); and
27
Cancellation
of National
Identification
Card.
28
Re-issue of
cancelled
National
Identification
Card.
[No. ] The National Identification and Registration
Act, 2021
(b) either the time limited for bringing the appeal has elapsed
without an appeal being brought or an appeal is brought and
the Appeal Tribunal confirms the proposed cancellation.
(3) An individual who, pursuant to subsection (2), is given
notice that the Authority proposes to cancel the individual’s National
Identification Card shall not use, or permit the use of, the Card during
the suspension period referred to in subsection (4).
(4) The validity ofa National Identification Card shall be
suspended during the period from the date of service of the notice
under subsection (2) and ending on the date on which either of the
conditions referred to in subsection (5) is fulfilled.
(5) The conditions are that either—
(a) the time allowed for bringing the appeal under section 26
has elapsed without the appeal having been brought; or
(b) where the appeal is brought under section 26, a copy of the
decision of the Appeal Tribunal has been served on the
Authority and the appellant.
(6) Where on an appeal under section 26 the Appeal Tribunal
confirms the proposed cancellation of a Card, or the time allowed for
bringing the appeal under that section has elapsed without the appeal
having been brought—
(a) the Authority shall cancel the National Identification Card;
and
(6) the appellant shall return the Card to the Authority within
thirty days after receiving notification of the decision under
section 26.
(7) Anindividual who, without reasonable excuse, fails to
surrender a National Identification Card as required under subsection
(6) commits an offence.
Re-issue of cancelled National Identification Card
Simple English · independent explanation
When a card is cancelled, the Authority may re-issue a card if the conditions for doing so are satisfied. The fact that a card was once held does not remove these conditions.
Source transcription · unproofread
21. Where a National Identification Card has been cancelled, the
Authority may re-issue the Card in any case where the Authority is
satisfied that the conditions that required the cancellation have been
rectified or no longer exist (as the case requires),
The National Identification and Registration [No. ]
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Obligation to surrender National Identification Card
Simple English · independent explanation
A person must return a card in the circumstances specified by the law, including where it has been cancelled. Check the exact duty and the permitted process.
Source transcription · unproofread
22. An individual shall surrender to the Authority any National
Identification Card in that individual’s possession and that—
(a) doesnot belong to that individual and—
(@ appears to have been lost by another individual;
@) has come into that individual’s possession by
inadvertence, and without the knowledge or
permission of the individual to whom the Card
was issued; or
Gi) was issued in respect of an individual who has
died and over whose affairs the first mentioned
individual has charge (whether as a personal
representative or otherwise);
(b) has expired;
(c) has been mutilated or is otherwise unusable;
(@)__ belongs to that individual but had previously been reported
to the Authority (by or on behalf of that individual) as having
been lost or stolen; or
(©) _ the individual has reasonable cause to believe has been issued
inerror,
Part I[V—Use and Security of Information Stored in the
National Databases
Security of information
Simple English · independent explanation
The Authority must protect the security and confidentiality of information in the national databases. This duty concerns the operation of the system and does not guarantee that no security incident can ever happen.
Source transcription · unproofread
23. The Authority shall ensure that the information stored in the
National Databases is kept in a secure manner and that the confidentiality
of the information is preserved, and shall—
(a) take all necessary and appropriate measures (including
technical and manual security measures) to protect the
information from unauthorised access, unauthorised use,
unauthorised disclosure, and any loss or distortion;
(b) ensure that its employees and agents adhere to the measures
referred to in paragraph (a) at all times;
(c) ensure that the identity information of enrolled individuals is
accorded the highest level of security;
29
Obligation to
surrender
National
Identification
Card.
Security of
information.
30 [No. ] The National Identification and Registration
Act, 2021
(@)_ implement controls to detect any unauthorised access to, or
use of, the information, including controls to detect and protect
against—
@ viruses and other malware that are intranet-based
or internet-based; and
@) other vulnerabilities:
(e) implement monitoring processes aimed at identifying unusual
events and pattems that could negatively affect the security
of the National Databases;
(f) encryptall such information containing biometrics or other
identity information, enabling decryption only in secured
circumstances;
(g) restrict the categories of its staffand agents having access to
the processes, systems and networks of the National
Databases; and
(h) take all necessary steps to ensure the physical security of the
servers of the National Databases, and employ back-up
measures that are appropriate to guard against theft, natural
disasters and equipment failure.
Disclosure of identity information
Simple English · independent explanation
Disclosure of identity information is controlled. The section describes permitted disclosures, consent and specific legal routes or exceptions. It does not make the database public.
Source transcription · unproofread
Disclosure of _ 24,—(1) The Authority shall not disclose identity information stored
identity in the National Identification Databases, about an individual, except—_
information.
(a) inaccordance with the request of the individual concerned,
subject to such fee as may be prescribed;
(b) in accordance with an order of a Judge, made pursuant to
subsection (3); or
(c) as may otherwise be provided by this Act or any other law.
(2) The Commissioner of Police may, without notice, make
an application to a Judge of the Supreme Court, in Chambers, for an
order authorising the Authority to disclose to an individual specified in
the order, being a constable not below the rank of Superintendent,
identity information in any case where the disclosure is necessary—
(a) forthe prevention, detection or investigation of crime; or
(b) inthe interest of national security.
The National Identification and Registration [No. ]
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(3) AJudge to whom an application is made under subsec-
tion (2) shall grant the application :f satisfied that the disclosure is nec-
essary as specified in subsection (2){a) or (b), and that—
(a) other investigative procedures have not been, or are unlikely
tobe, successful in obtaining the information; and
(b) it would be in the best interest of the administration of justice
to make the order.
(4) Anapplication under subsection (2) shal! be in writing
accompanied by an affidavit deponing to—
(a) the facts or allegations giving rise to the application; and
(b) such other information as is necessary, or as may be required
by the Judge, for the determination of the application.
(5) Subject to subsection (6), identity information disclosed
pursuant to an order under this section shall be destroyed within three
months after the date on which—
(a) the individual concerned is convicted or acquitted of an
offence in respect of the matter for which the information
was disclosed pursuant to the order;
(b) the date on which proceedings are discontinued, in any case
where the individual concemed is charged with an offence in
respect of the matter for waich the information was disclosed
pursuant to the order; ar
(©) three years have elapsed without the individual concemed
having been charged in respect of the matter for which the
information was disclosed pursuant to the order,
(as the case may be) and the individual shall be given written notice, as
soon as is practicable after the commencement of that three-month
period, that identity information of that individual was disclosed under
this section and is required to be destroyed in accordance with this
section, and such a notice shall include the particulars required to be
stated under subsection (7).
(6) Where any conviction, acquittal or other proceedings
referred to in subsection (5) is the subject of an appeal, the identity
information concemed shall not be destroyed under subsection (5) until
the appeal proceedings have been concluded.
32
[No. ] The National Identification and Registration
Act, 2021
(7) Where identity information is required to be destroyed
under subsection (5), the individual to whom the identity information
relates shall be given prior notice stating—
(a) _ the date, time and location for the destruction; and
(b) _ that the individual and his attorney-at-law are entitled to be
present to witness the destruction,
and shall be given the opportunity to witness the destruction in person,
together with or represented by the individual's attomey-at-law.
(8) Upon application in writing made by the individual to
whom the identity information relates, a certificate of the destruction of
the identity information pursuant to this section shall be given to the
(9) Where the Commissioner of Police is of the opinion that
identity information of any individual referred to in subsection (5) should
not be destroyed, the Commissioner shall, before the expiration of the
time referred to in subsection (5), make an application to a Judge of the
Supreme Court, in Chambers, for the identity information to be retained.
(10) A Judge to whom an application is made under subsection
(9) may grant the application if satisfied that circumstances still exist
under subsection (3) which warrant the retention of the information.
(11) Where an application is granted uncer subsection (10),
the Judge shall, upon the application of the individual referred to in
subsection (5), review the matter every three months and shall order
that the identity information be destroyed in accordance with subsection
(7) if satisfied that circumstances no longer exist under subsection (3)
which warrant the retention of the information.
(12) Where a Judge issues an order pursuant to subsection
(3), the Judge shall issue such directions as the Judge considers
appropriate for the purpose of requiring the constable to whom the
information is disclosed to make such arrangements as are necessary—
(a) forensuring that—
(i) the extent to which the identity information is
disclosed;
The National Identification and Registration [No. ]
Act, 2021
@) the number of persons to whom any of the identity
information is disclosed;
ii) the extent to which the iden-ity information is
copied; and
(iv) the number of copies made of the identity
information,
is limited to the minimum that is necessary for the purposes
of the investigation in relation to which the order is issued or
any prosecution for an offence; and
(b) for ensuring that each copy made of any of the identity
information is—
@ _ stored ina secure manner so long as its retention
is necessary for such purposes as aforesaid; and
Gi) destroyed as soon as its retention is no longer
necessary for those purposes.
Requests for information or for authentication and verification services
Simple English · independent explanation
This governs requests for identity information and authentication or verification services, including rules for third parties and an individual seeking their own information. Check the legal basis, process and information allowed in each case.
Source transcription · unproofread
25._(1) The Authority may, in such form and manner as may be
prescribed—
(a) authenticate a National Identification Number assigned, or
National Identification Card issued, to an individual; or
(b) verify the identity information of an enrolled individual,
at the request of that individual or an accredited third party with the
consent of that individual.
(2) Arequest under subsection (1) shall be made in such form
and manner as may be prescribed, and shall be accompanied by such
fee as may be prescribed.
(3) Aperson may apply to be an accredited third party for
the purposes of this section, in such form and manner as may be
prescribed.
(4) The Authority shall retain for such period as may be
prescribed a record of each request for authentication or verification
under this section, including a statement of the manner in which the
Tequest was determined.
33
Requests for
information
or for
authenti-
cation and
verification
services.
34
[No. ] The National Identification and Registration
Act, 2021
(5) Nothing in subsections (1) to (4) authorises the disclosure
of information referred to in section 11(1)(b)(ii) (fingerprint or
information prescribed as alternative to a fingerprint) in respect of an
(6) An individual is entitled to be provided by the Authority,
on application made to the Authority in such form and manner as may
be prescribed, with the following information—
(a) astatement ofall the information, stored in the National
Databases, about that individual; and
(b) arecord of all the requests under this section for verification
of identity information of that individual received from
requesting entities, including in respect ofeach such request-—
@) _ thename of the requesting entity;
Gi) the date of the request;
(ii) a statement as to whether or not the request was
granted; and
(iv) ifthe request was granted—
(A) the date on which the request was granted;
and
(B) whether or not the identity information
sought to be verified was verified.
(7) Where an application under subsection (6) requests that
the information be provided in printed rather than electronic form, the
application shall be accompanied by such fee as may be prescribed
therefor.
(8) The Authority may in such form and manner as may be
prescribed provide to any statutory body or agency of Government,
whose functions include the collection of statistical data or who in
connection with the performance of its functions requests from the
Authority any statistical data, any anonymised statistical data notincluding
the identity information of any enrolled individual.
The National Identification and Registration (No. ]
Act, 2021
(9) In this Act, “accredited third party” means an entity,
accredited under this section. with whom the Authority has entered into
an agreement for the provision of authentication and verification services.
PART V—Appeals and Oversight
Appeal Tribunal
Simple English · independent explanation
The Act creates an Appeal Tribunal and gives a route for challenging specified decisions, actions or omissions. The original section and Second Schedule set the procedure, time limits and the Tribunal’s powers.
Source transcription · unproofread
26.—{1) There is hereby established an Appeal Tribunal for the
purpose of hearing appeals in accordance with this section.
(2) An individual (in this section referred to as the appellant)
who is aggrieved by a decision of the Authority in respect of any matter
concerning the enrolment, National Identification Number, National
Identification Card or identity information of that individual may within
twenty-eight days after the communication of that decision to that indi-
vidual, or such longer period as the Appeal Tribunal may allow, appeal
by filing with the Appeal Tribunal 2 notice of appeal in such form as may
be prescribed.
(3) Anotice of appeal for the purposes of subsection (2)
shall—
(a) _ state clearly the grounds of the appeal;
(6) be accompanied by a copy of each supporting document
relied on bythe appellant; and
(©) beserved on the Authority and the Inspectorate, respectively,
together with a copy of the supporting documents referred
ton paragraph (b).
(4) The Authority shall, within seven days after receiving a
notice of appeal under subsection (3), provide the Appeal Tribunal
with a statement in writing setting out the reasons for the decision that is
the subject of the appeal.
(5) After receiving a notice of appeal under this section, the
Appeal Tribunal —
(a) may direct the Authority or appellant, as the case may require,
to provide the Appeal Tribunal with such information
(excluding identity information) as the Appeal Tribunal
considers relevant for determining the appeal; and
(b) shall in writing inform each party to the appeal—
@ __ ofthe date for the hearing of the appeal;
Appeal
Tribunal,
36
Second
Schedule.
National
Identification
and
Registration
Inspectorate.
[No. ] The National Identification and Registration
Act, 2021
(ii) _ thatthe party may appearat the hearing in person
with, or by, that party’s representative; and
(ii) that the party may summon such witnesses as that
party considers necessary for the purpose of the
hearing.
(6) On hearing an appeal under this section, the Appeal
Tribunal may—
(a) dismiss the appeal and confirm the decision of the Authority;
(b) allow the appeal and set aside the decision of the Authority;
(c) vary the decision of the Authority; or
(d) allow the appeal and direct the Authority to arrive ata fresh
decision on the matter,
and shall give a written copy of its decision, including the reasons therefor,
to the appellant, the Authority and the Inspectorate.
(7) The provisions of the Second Schedule shall have effect
with respect to the constitution of the Appeal Tribunal and otherwise
with respect thereto.
(8) For the purposes of this section, a proposed cancellation
under section 20 shall be construed as a “decision” of the Authority.
National Identification and Registration Inspectorate
Simple English · independent explanation
The National Identification and Registration Inspectorate provides independent oversight of the Authority and its handling of information. Its functions and operational arrangements are set out here and in the Third Schedule.
Source transcription · unproofread
27.{1) There shall be a National Identification and Registration
Inspectorate.
(2) The functions of the Inspectorate shall be to—
(a) monitor compliance with this Act and regulations made under
this Act;
(b) monitor the performance of the Authority and assess the
implementation of best practices in respect of the functions
ofthe Authority:
(c) conduct periodic inspections of the Authority’s operations,
in order to determine whether the Authority’s operations are
being conducted in accordance with this Act and regulations
made under this Act;
The National Identification and Registration [No. ]
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(d) give to the Authority such directions and advice as may be
appropriate to ensure that the Authority’s operations are
conducted in accordance with this Act and regulations made
under this Act;
(e) make such recommendations to the Authority as the
Inspectorate considers appropriate for the improvement of
the Authority’s operational standards; and
(investigate any issue or complaint regarding the conduct or
operations of the Authority that comes to the attention of the
Inspectorate and—
@ where the issue or complaint relates to the
protection of personal data bring the issue or
complaint to the attention of the Information
Commissioner; and
@i) make such recommendations and give such
directions and advice to the Authority as the
Inspectorate considers appropriate to resolve the
issue or complaint.
(3) Indischarging its functions, the Inspectorate shall have
the power to—
(a) require the attendance before it of any officer, or agent, of
the Authority, or any sub-contractor of any such agent;
(b) call for and examine any information, other than identity
information, that the Inspectorate considers relevant;
(©) consult or collaborate with any public body, as the
Inspectorate considers appropriate;
(d) audit the operations of the Authority, and the operation of
any data processor (as defined by the Data Protection Act)
employed by the Authority in respect of its operations,
including the processes for the collection and storage of
identity information, for the purpose of determining whether
the information is maintained pursuant to the provisions of
this Act;
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©
The National Identification and Registration
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issue such directions to the Authority as the Inspectorate
considers necessary to rectify or resolve any breach, or
potential breach, of this Act or regulations made under this
Act; and
refer any matter concerning any irregularity, misconduct or
@
breach, believed to be carried out by any officer of the
Authority, to—
@
@
Gi)
w)
®)
(wi)
the Director of Public Prosecutions;
the Integrity Commission;
the Auditor-General;
the Information Commissioner and the person in
charge of any agency or department of
Government charged with responsibility for the
protection of identity information or for cyber
security;
the Commissioner of Police; or
the Director-General of the Major Organized
Crime and Anti-Corruption Agency,
as the Inspectorate considers appropriate.
Third
Schedule,
f thereto.
(4) The provisions of the Third Schedule shall have effect as
concerns the constitution of the Inspectorate and otherwise with respect
(5) The provisions of subsections (6) to (11) shall apply in
respect of the submission of complaints to the Inspectorate, and the
investigation of any issue or complaint by the Inspectorate, and subject
to those provisions the Inspectorate may make regulations with respect
to its functions under subsection (2)(f).
(6) Onreceipt ofa complaint or any other form of notification
as to any issue as described in subsection (2)(f), the Inspectorate shall—
@
cause a written record to be made of the complaint or other
a notification (as the case may be); and
(b)
issue a copy thereof to the person who submitted the
complaint or other form of notification.
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(7) Ifthe person who submitted the complaint or other form
of notification so requests, the written record made under subsection
(6) maybe kept in a form that renders that person’s identity anonymous,
and that person shall, at the time of submitting the complaint or other
form of notification, be advised by the Inspectorate of the entitlement
to make such a request.
(8) Aperson shall not—
(a) disclose, or be obliged to disclose, the identity of a person
who makes a complaint or submits any other form of
notification to the Inspectorate for the purposes of its
functions under sub-paragraph (2)(f); or
(b) take any harmful action against a person who makes a
complaint or submits any other form of notification to the
Inspectorate for the purposes of its functions under sub-
paragraph (2)(f) (and in this sub-paragraph “harmful action”
may include interfering with the lawful employment of the
person making the complaint or other form of notification).
(9) Aperson who makes a disclosure, or takes any action,
which contravenes subsection (8) commits an offence and shall be liable,
on summary conviction therefor before a Parish Court, to a fine not
exceeding five hundred thousand dollars or to imprisonment fora term
not exceeding six months.
(10) No action, suit, prosecution, or other proceeding, shall
be instituted in respect of a complaint or other form of notification made
to the Inspectorate in good faith under this Act.
(11) Until the tabling in either House of Parliament ofa report
by the Inspectorate, under a provision of this Act, in respect of any
matter investigated by the Inspectorate pursuant to subsection (2)(f),
all persons shall regard as confidential the fact and details of the
investigation.
PART VI—Offences and Enforcement
Special provisions in respect of offences
Simple English · independent explanation
This supplies a general penalty where the Act creates an offence without a specific penalty. It permits monetary penalties to be changed by an order with affirmative resolution and explains the court’s community-service powers in the specified cases.
Source transcription · unproofread
28.{1) A person who commits an offence under this Act for
which no specific penalty is provided shall be liable, on conviction
therefor before a Parish Court, to a fine not exceeding five hundred
thousand dollars.
39
Special
provisions in
respect of
offences.
40
Powers of
search and
seizure.
[No. ] The National Identification and Registration
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(2) The Minister may by order subject to affirmative resolution
amend any monetary penalty provided for in this Act.
(3) For the avoidance of doubt—
(a) in any case where the penalty for an offence triable by a
Judge of a Parish Court under this Act consists only ofa
fine, the Court may, instead of dealing with the offender under
section 195 of the Judicature (Parish Courts) Act, deal with
the offender in the manner provided for by section 10 of the
Criminal Justice (Reform) Act (community service order);
and
(b) for the purposes of this section, the term “punishable with
imprisonment” in section 10 of the Criminal Justice (Reform)
Act refers to the term of imprisonment applicable under
section 195 of the Judicature (Parish Courts) Act.
Powers of search and seizure
Simple English · independent explanation
A constable may apply to a Justice of the Peace for a warrant where there are reasonable grounds concerning an offence and evidence at premises. The warrant controls the authorised search or seizure and related directions and safeguards.
Source transcription · unproofread
29.—{1) Aconstable who has reasonable grounds for suspecting
that a person is committing, or has committed, an offence under this
Act, and that evidence of the commission of the offence is to be found
on any premises, may apply to a Justice of the Peace for a warrant to
search the premises, and any item at the premises, and seize any item at
the premises which, in the opinion of the constable, is likely to be of
substantial value to an investigation in respect of the offence.
(2) Awarrant issued under this section shall—
(a) describe the offence that it is alleged is being committed, or
has been committed;
(b) state whether entry for the purposes of the warrant is
authorised to be made at any time of the day or night, or
specify the hours during which such entry is to be made;
(c) include such directions as the Justice considers appropriate
for handling any items subject to legal professional privilege;
and
(d) describe in general terms the kinds of items authorised to be
seized, and specifically state if cash is authorised to be seized.
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(3) Nothing in this section or in a warrant issued under this
section shall be construed as authorising—
(a) the seizure, or taking of copies, of anything that is subject to
legal professional privilege; or
(b) the seizure of anything, if such seizure may reasonably be
expected to compromise or disrupt any aspect of Jamaica’s
information or communication technology infrastructure.
(4) AJudge of the Parish Courts may direct the release of any
‘item seized under this section if the Judge is satisfied, on the application
‘by the person from whom the item was seized, that the provisions of
subsection (1) for the seizure of the item are no longer met in relation to
the item.
(5) Aconstable may, with the approval of a Judge of the
Parish Courts release any item seized under subsection (1), to the person
from whom the item was seized or such other person as appears to be
lawfully entitled to the item.
PART Vil—General
Secrecy and confidentiality
Simple English · independent explanation
People who obtain protected information through their role must keep it confidential except where disclosure is lawfully authorised. Breaching that duty can lead to criminal penalties.
Source transcription · unproofread
30.—(1) Every person—
(a) who has, or who has had, an official duty under this Act; or
(b) whois, orhas been, employed in the administration of this
Act; or
(©) to whom information is communicated under this Act,
shalltreat as secret and confidential all information communicated under
this Act, and shall not disclose such information except as provided
under this Act or as necessary for the due administration of this Act.
(2) Aperson commits an offence if the person breaches a duty
of secrecy or confidentiality imposed by this Act, and shall be liable on
conviction therefor before—
(a) aParish Court, to a fine not exceeding three million dollars
or to imprisonment to a term not exceeding three years, or
to both such fine and imprisonment; or
41
Secrecy and
confidentiality.
42 [No. ] The National Identification and Registration
Act, 2021
(b) aCircuit Court, to a fine, or to imprisonment fora term not
exceeding ten years, or to both such fine and imprisonment.
Protection from liability
Simple English · independent explanation
This gives specified protection for good-faith, lawful actions connected with the Authority and the provision of information. It is not a general permission to act unlawfully or disclose information without authority.
Source transcription · unproofread
Protection 314(1) No—
from liability.
(a) civil orcriminal proceedings for breach of confidentiality may
be brought; or
(b) professional sanction for breach of confidentiality may be
imposed,
against any person who in good faith provides, or transmits, to the
Authority any information requested by the Authority.
(2) No suit or other proceedings may be brought, or instituted,
personally against an employee of the Authority in respect ofany lawful
act done, or omission made, in good faith in the course of administering
this Act.
Imposition of fees
Simple English · independent explanation
The Authority may charge prescribed fees for services, subject to the express exclusions for enrolment and first card issue identified in the section.
Source transcription · unproofread
Imposition of 32, Except.as provided in section 10(6) or 16(6), the Authority may
_ impose fees for services provided by the Authority, and the amount of
those fees shall be prescribed.
Regulations
Simple English · independent explanation
This allows regulations on the detailed operation of the Act, including forms, collection, security, verification, cards, fees, correction, storage and disposal. The required parliamentary approval process applies.
Source transcription · unproofread
Regulations. 33.—(1) The Authority may, with the approval of the Minister,
makeregulations generally for giving effect to the provisions of this Act.
(2) Without prejudice to the generality of subsection (1),
regulations made under this section may provide for—
(a) _ the forms tobe used in connection with any application, notice,
certificate or other document, required to be issued under
this Act;
(b) the procedures and practices to be followed by the Authority
in the collection and verification of information required for
tke enrolment of individuals and the disposal of information
collected in respect of an individual whose application for
enrolment is refused;
(c) the procedures and processes for the storage, management,
security and confidentiality of information stored in the
National Databases, including technical standards with
respect thereto;
The National Identification and Registration [No. ] 43
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(d)_ the procedure for the generation and assignment of National
Identification Numbers;
(ce) the procedure and processes for the manufacture,
preparation, issue, surrender, cancellation, renewal and
replacement of National Identification Cards;
(the form and content of National Identification Cards;
(g) the procedure for the correction and registration of changes
to the identity information of enrolled individuals;
(h) | the fees that may be charged by the Authority;
@ _ theprocedure for verification and authentication of the identity
information of enrolled individuals;
(j) the preservation, custody and safekeeping of information
collected by the Authority;
(k) the procedure for archiving information in the custody of the
Authority;
@ _ the procedure for the accreditation of third parties who may
seek the authentication or verification ofident:ty information;
(m) the procedure for the destruction of identity information in
the custody or control of the Authority, where retention of
such information is no longer necessary for the purposes of
this Act;
(n)_ the form of warrants to be issued under section 29(1),
including the minimum content of any directions that may be
issued under section 29(2)(c); and
(0) any other matter required to be prescribed.
(3) Regulations made under this section shall be subject to
affirmative resolution.
Amendment of schedules
Simple English · independent explanation
The Minister may amend specified schedules by an order subject to affirmative resolution. This means the schedules should be checked for later changes.
Source transcription · unproofread
34, The Minister may by order subject to affirmative resolution Amendment
amend the First, Second or Third Schedule. of schedules.
44
Review of
Act.
Transitionel.
[No. ] The National Identification and Registration
Act, 2021
Review of Act
Simple English · independent explanation
Parliament must review the Act from time to time, with the first review tied to the period after commencement specified in the original text.
Source transcription · unproofread
35. This Act shall be reviewed from time to time by Parliament, and
the first such review shall take place after the expiration of three years
from the first date appointed under section 1.
Transitional
Simple English · independent explanation
Transitional arrangements move relevant functions, property, rights, liabilities and proceedings from the former civil-registration arrangements to the Authority. Existing administrative situations are addressed by the detailed rules.
Source transcription · unproofread
36.(1) The assets, rights and liabilities of the former department
that were, immediately before the appointed day, vested in the former
department hereby vest in the Authority.
? (2) Any proceeding or remedy that immediately before the
appointed day might have been brought or continued by, or available
against, the former department may be brought or continued and are
available, by or against the Authority.
(3) All records and data of the former department pass to the
Authority, with effect from the appointed day.
(4) Where any reference is made to the former department in
any law, agreement, instrument or other document, unless the context
otherwise requires, such reference shall be read and construed, as of
the appointed day, as if it were a reference to the Office.
(5) Subject to the provisions of this section, on the appointed
day, all persons holding permanent appointment to offices under the
former department shall be transferred on secondment to the service of
the Office for a period of six months or such longer period as the
Authority may, in special circumstances, approve.
(6) During the period ofa person’s secondment to the Office
pursuant to subsection (5), the person shall be employed on such terms
and conditions as may be approved by the Authority, being terms and
conditions not less favourable than those enjoyed by that person in that
person’s office under the former department immediately before the
appointed day.
(7) Aperson in the public service who is transferred on
secondment pursuant to subsection (5) may be deployed in the public
service on or before the expiration of the period referred to in subsection
(5) on terms and conditions that are not less favourable than those
enjoyed by that person in the person’s office under the former
department immediately before the appointed day.
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(8) Allpersons, who immediately before the appointed day,
held offices under the former department under a contractual
arrangement, shall, from that date be deemed to continue to hold under
the Office, the like or similar offices on the same or no less favourable
terms as they held those like or similar offices under the former
department.
(9) A person who has served in an office under the former
department and who would have, but for this Act, been eligible to receive
a pension thereunder, shall be paid a pension, where such service,
together with the person’s service under this Act, amount in the aggregate
to not less than seven years.
(10) The Authority may, where itis satisfied that it is equitable
to do so, make regulations to be given retrospective effect for the
purpose of conferring a benefit or removing a disability attaching to any
person who may have been entitled to a pension in the circumstances
provided for in subsection (9).
(11) In this section—
“appointed day” means the date appointed under section 1 for
the purpose of bringing this section into operation;
“the former department” means the office of the Registrar-General
appointed under section 4 of the Registration (Births and
Deaths) Act, and the Registrar-General’s Department
designated as an Executive Agency under section 19(1) of
the Executive Agencies Act;
“the Office” means the Office of the Registrar-General established
under section 5(2).
Amendments to other enactments
Simple English · independent explanation
The Fourth Schedule changes other laws so that they work with the new identification and registration framework. Those changes should be read in their full context.
Source transcription · unproofread
37. The enactments specified in column 1 of the Fourth Schedule
are amended in the manner indicated with respect thereto in column 2
of the Fourth Schedule, and those amendments shall be read and
construed as one with the relevant enactment.
Repeal
Simple English · independent explanation
The earlier National Identification and Registration Act, 2017 is repealed. The 2021 Act must not be confused with the earlier legislation affected by the court decision.
Source transcription · unproofread
38. The National Identification and Registration Act, 2017, is
repealed.
45
Amendments
to other
‘enactments.
Fourth
Schedule.
Repeal.
[No. ] The National Identification and Registration
Act, 2021
The Authority and Executive Director
Simple English · independent explanation
This gives detailed governance and administrative rules, including appointments, meetings, conflicts of interest, staffing, finances, accounts and reporting.
Source transcription · unproofread
The authoritative wording is in the original document. This topic is a guide to the source, rather than a substituted quotation.
Read the original document belowAppeal Tribunal
Simple English · independent explanation
This supplies the Tribunal’s constitution, membership, panels, appointments and procedural arrangements.
Source transcription · unproofread
The authoritative wording is in the original document. This topic is a guide to the source, rather than a substituted quotation.
Read the original document belowNational Identification and Registration Inspectorate
Simple English · independent explanation
This supplies the independent Inspectorate’s institutional and procedural arrangements.
Source transcription · unproofread
The authoritative wording is in the original document. This topic is a guide to the source, rather than a substituted quotation.
Read the original document belowAmendments to other enactments
Simple English · independent explanation
This makes detailed changes to other laws and forms to support the identification and civil-registration framework.
Source transcription · unproofread
The authoritative wording is in the original document. This topic is a guide to the source, rather than a substituted quotation.
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