The Constitution should be amended to recognise digital governance, data protection and cybersecurity as fundamental rights to ensure Fiji is prepared for rapid technological change, the Fiji Institute of Chartered Accountants (FICA) says.
Making the institute’s submission to the Constitution Review Commission on Tuesday, FICA executive director Daljeet Maharaj said the 2013 Constitution did not adequately address the country’s growing digital landscape.
“As I mentioned, in terms of the technology shift, digital governance, and data protection, the Constitution does not address digital governance,” Mr Maharaj said.
“One major factor currently, if everybody can see, is our Facebook, social media.
“Anybody can post anything, and anybody can comment on any particular post.
“While we have got online safety, I think if it is part of the Constitution, they become the supreme law.”
Mr Maharaj said embedding digital governance provisions in the Constitution would help “future-proof” that Fiji against emerging technologies.
“The rationale on this is future proofs the Constitution against technological developments.
“We do not know our next generation can see robots walking in Fiji.”
He said artificial intelligence was driving change.
“We should not undermine artificial intelligence.”
He also warned that advances in technology and artificial intelligence could significantly affect employment.
Mr Maharaj said constitutional protection should also extend to citizens’ digital identities, personal data and cybersecurity.
“In terms of digital, what we had in mind is the data protection, your individual identity, cybersecurity, everything currently will be moved towards a hub.”
He said Fiji was already moving towards major digital initiatives and constitutional backing would ensure future developments could be implemented with public confidence.
“So there should be something that is under the Constitution.
“We should not refrain from taking any of the developments that the Government or anybody comes and says, ‘This is beneficial’. But there is nothing under the Constitution — the Constitution doesn’t allow me to be having this national identity card.”
