Another proposed amendment; increased powers to the FIU

Mark Lizarraga

One more story about Wednesday’s Senate Meeting. A proposed amendment to increase the powers of the director of the Financial Intelligence Unit, allowing for greater access to fiscal information on individuals and businesses, was elevated to the Senate. It was met with serious concerns from the delegate of the business community.  The issue of privacy, particularly classified banking information which can find its way into the hands of government employees, says Senator Mark Lizarraga, should be taken into consideration.  The director, according to Lizarraga, should first seek a court order enabling access to such confidential information.

Mark Lizarraga, Senator

“On the Financial Intelligence Unit Amendment Bill 2013 I’d like to share the following.  We acknowledge that this seems to be a particular trend and part of an international agenda but we caution however, that some of the authorities sought under this section, especially under Section C, 91 C, are extremely broad and are likely to affect the duties of confidentiality in public and private entities, as well as the sovereignty of the state over its confidential information.  This information could be or could not be in the custody of public officers.  We would like to remind and strongly recommend that the Director of the Financial Intelligence Unit should go before a judge to get permission first, similar to the requirement of the DPP obtaining a court order for an interception direction under the Interception of Communications Act due to personal privacy, national security and other rights which may be affected if the bill remains the way it is worded now.  It, perhaps Mr. President, might be desirable to clarify that the director of the Financial Intelligence Unit may exercise his or her powers under this legislation only with respect to matters within the remit of the FIU; example, money laundering and financial crimes.  This would emphasize that the director of the FIU cannot overstep the bounds of the D.P.P. in other crimes which may not involve financial crimes at all.  The grounds on which the Director of the Financial Intelligence Unit can seek an interception direction can properly be included in sections five and six.  These sections should state the grounds for which applications by the D.P.P. can be amended to specify where the director of the Financial Intelligence Unit can apply.”