Call for stronger African data protection laws
Implementation a challenge
Although 35 out of 54 African countries have enacted data protection laws, concerns have been raised regarding the adequacy and implementation of these laws.
During a virtual public dialogue hosted by Fesmedia Africa, the regional media project of the Friedrich-Ebert-Stiftung (FES), stakeholders interrogated the critical role of human rights-based data protection laws in safeguarding individual liberties across the African continent.
Hlengiwe Dube from the Centre for Human Rights at the University of Pretoria stressed that data protection is a fundamental human right that should concern everyone, adding that data protection laws must be grounded in a deep respect for human rights, ensuring that personal information is utilised in the service of individuals rather than being exploited by powerful entities.
The dialogue, titled 'Promoting Democracy and Social Justice with Data Protection Laws: A Human Rights-Based Approach', explored solutions for advancing human rights-based data protection laws in an era dominated by data-driven processes.
Implementation explored
While experts acknowledged the existence of instruments such as the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention), they underscored the need for these frameworks to effectively deliver on their promises for Africa's citizens.
Currently, 35 out of 54 African countries have enacted data protection laws, with fifteen ratifying the Malabo Convention. However, concerns were raised regarding the adequacy and implementation of these laws.
According to Freya Gruenhagen, director of Fesmedia Africa, when laws are rooted in human rights principles, they serve as a pillar of democracy in the digital age.
In the same vein, Maxwell Agbudume Kadiri, a senior legal officer at the Open Society Justice Initiative, argued that the main challenge lies in the implementation of existing laws, proposing the establishment of a continental institution with political independence to monitor and ensure uniform interpretation and implementation of data protection laws.
Kadiri emphasised the need for support for the African Commission on Human and Peoples' Rights (ACHPR), urging civil society, human rights activists, journalists and governments to provide the necessary resources. He also called for lobbying at the UN level to champion human rights.
Understand principles
Henry Omusundi Maina, an independent legal consultant and human rights expert, stressed the importance of public awareness and understanding of human rights-based data protection laws. He linked these laws to preventing unwarranted surveillance, such as the cases observed in Morocco and Togo.
The lack of expertise in the field was highlighted by Kadiri, who advocated for strengthening the training of young academics and increased university involvement in advocating for human rights-based data protection laws.
Maina pointed out the challenges posed by uncontrolled data collection in Africa, citing examples like national ID cards, mandatory SIM card registration, terrorism laws and national security laws. He emphasised the need for cross-cutting rights, including obtaining consent before data processing, collecting only necessary data, and the right to be forgotten.
The dialogue concluded with a commitment to engage governments in adopting and implementing human rights-based data protection laws. The stakeholders pledged to invest in programmes promoting human rights and build alliances for coordinated regional efforts to protect human rights in the digital age. Online dialogue will continue to advance these goals and contribute to a positive future for all.
- [email protected]
Hlengiwe Dube from the Centre for Human Rights at the University of Pretoria stressed that data protection is a fundamental human right that should concern everyone, adding that data protection laws must be grounded in a deep respect for human rights, ensuring that personal information is utilised in the service of individuals rather than being exploited by powerful entities.
The dialogue, titled 'Promoting Democracy and Social Justice with Data Protection Laws: A Human Rights-Based Approach', explored solutions for advancing human rights-based data protection laws in an era dominated by data-driven processes.
Implementation explored
While experts acknowledged the existence of instruments such as the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention), they underscored the need for these frameworks to effectively deliver on their promises for Africa's citizens.
Currently, 35 out of 54 African countries have enacted data protection laws, with fifteen ratifying the Malabo Convention. However, concerns were raised regarding the adequacy and implementation of these laws.
According to Freya Gruenhagen, director of Fesmedia Africa, when laws are rooted in human rights principles, they serve as a pillar of democracy in the digital age.
In the same vein, Maxwell Agbudume Kadiri, a senior legal officer at the Open Society Justice Initiative, argued that the main challenge lies in the implementation of existing laws, proposing the establishment of a continental institution with political independence to monitor and ensure uniform interpretation and implementation of data protection laws.
Kadiri emphasised the need for support for the African Commission on Human and Peoples' Rights (ACHPR), urging civil society, human rights activists, journalists and governments to provide the necessary resources. He also called for lobbying at the UN level to champion human rights.
Understand principles
Henry Omusundi Maina, an independent legal consultant and human rights expert, stressed the importance of public awareness and understanding of human rights-based data protection laws. He linked these laws to preventing unwarranted surveillance, such as the cases observed in Morocco and Togo.
The lack of expertise in the field was highlighted by Kadiri, who advocated for strengthening the training of young academics and increased university involvement in advocating for human rights-based data protection laws.
Maina pointed out the challenges posed by uncontrolled data collection in Africa, citing examples like national ID cards, mandatory SIM card registration, terrorism laws and national security laws. He emphasised the need for cross-cutting rights, including obtaining consent before data processing, collecting only necessary data, and the right to be forgotten.
The dialogue concluded with a commitment to engage governments in adopting and implementing human rights-based data protection laws. The stakeholders pledged to invest in programmes promoting human rights and build alliances for coordinated regional efforts to protect human rights in the digital age. Online dialogue will continue to advance these goals and contribute to a positive future for all.
- [email protected]
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