Committee raises privacy concerns

Privacy issues were cited as a “major concern” by a Parliamentary select committee during their consideration of the Personal Property Securities Amendment Bill 2014.

In their report to the Legislative Assembly on the Bill, the Primary Production, Commerce, Industry and Labour (P.P.C.I.L.) Committee reports this concern, despite only being a minor amendment to the Personal Property Securities Act 2013.

Leaupepe Toleafoa Faafisi is the Committee’s Chairperson.

“This Bill proposes only a minor amendment to the Personal Property Securities Act 2013 and that is to amend section 34 (7) of the Act so that to remove reference to the identification number of the debtor and replace it with the debtor’s name,” the report reads.

The preparation of this Bill was made possible because of the close coordination of the Ministry of Commerce Industry and Labour and the Asia Development Bank, under financial assistance from United Nations Development Programme (U.N.D.P.).

“During deliberations on the Bill, the complicated nature of the electronic filing registry which was established under the Personal Property Securities Act 2013 was discovered as people who wished to register notices of security interests and liens were given identification numbers.”

“A major concern for the Committee was the freedom given to any individual of the general public to use the electronic filing registry.”

“However, the Ministry confirmed that with regards to the registration of notices, only the name of the person who intends register a notice will be revealed but other information on such person will be kept confidential.”

During the course of their deliberations, the Committee invited the general public to voice their opinions on the amendment Bill.

In addition to Leaupepe, Maualaivao Pat Ah Him served as the P.P.C.I.L.’s Deputy Chairman and Afualo Wood Salele, Tialavea Fea T Seigafolava, Aeau Peniamina Leavaiseeta, Aveau Nikotemo Palamo and Faimalotoa Kika Ah Kau serve as members.

The report reads in full below:

1. Recommendation:

The Primary Production, Commerce, Industry and Labour Committee recommends that the Assembly takes note of its Report.

2. Preamble:

The Primary Production, Commerce, Industry and Labour Committee is constituted pursuant to the provisions of Standing Order 174.

3. Standing Order 174:

In accordance with the provisions of Standing Order 174, it shall be the duty of the Committee:-

(a) To consider any bill, petition or other matter referred by the Assembly or pursuant to these Standing Orders; and such Estimates or review of ministerial performance as maybe referred by the Finance & Expenditure Committee;

(b) To examine the policy, administration and expenditure of the ministries and associated government organizations related to primary production, commerce, industry, labour and tourism.

4. Bill Considered: (referred 20/08/2014) Personal Property Securities Amendment Bill 2014

The Primary Production, Commerce, Industry and Labour Committee considered the Personal Property Securities Amendment Bill 2014 after it was referred by the Assembly on the 20th August 2014.

5. Proceedings

The Committee invited the general public through advertisements on the national television (S.Q.B TV 1) as well as the radio (2AP) to be present at the meeting of the Committee to either voice their opinions or make submissions regarding the Bill.

However, no one turned up or made any submissions.

The Committee in the course of its investigation head evidence submitted by:

Assistance (S.O 156) Office of the Attorney General Loretta Teueli – Assistant Attorney General Theodora Matalavea – State Solicitor Steffany Meredith – State Solicitor Ministry of Commerce, Industry and Labour Auelua Samuelu Enari – Chief Executive Officer Lealali Ioane Okesene – ACEO Legal Consultant Alataua Tuliaupupu – Principal Registry Officer Cedrela Tamati – Senior Inspector Neri Tuaifaiva – Inspector 6. Findings:

This Bill proposes only a minor amendment to the Personal Property Securities Act 2013 and that is to amend section 34 (7) of the Act so that to remove reference to the identification number of the debtor and replace it with the debtor’s name. The preparation of this Bill was made possible because of the close coordination of the Ministry of Commerce Industry and Labour and the Asia Development Bank, under financial assistance from UNDP. During deliberations on the Bill, the complicated nature of the electronic filing registry which was established under the Personal Property Securities Act 2013 was discovered as people who wished to register notices of security interests and liens were given identification numbers.

A major concern for the Committee was the freedom given to any individual of the general public to use the electronic filing registry. However, the Ministry confirmed that with regards to the registration of notices, only the name of the person who intends register a notice will be revealed but other information on such person will be kept confidential.

7. Consideration in detail of the Bill The Committee is satisfied of the Bill’s consideration in detail and the provisions therein.

8. Resolution At the conclusion of its consideration the Committee resolved to recommend the Assembly: That the Personal Property Securities Amendment Bill 2014 progresses without any amendments. Hon. Leaupepe T.A.Faafisi Taitaifono Maualaivao Pat Ah Him Sui Taitaifono Hon. Aeau P.Leavaiseeta Sui Usufono Tialavea Fea T Seigafolava Sui Usufono Afualo Wood Uti Salele Sui Usufono Aveau Nikotemo Palamo Sui Usufono Faimalotoa Kika I.S. Ah Kau Sui Usufono Uitime Tala Failautusi o le Komiti