EPRA warns against ‘Big Brother’ state
Possible abuse of powers
Analysts warn against possibly dangerous new legislation.
The Economic Policy Research Association (EPRA) has issued a warning against the state's ability to monitor digital communications and the possibility that Namibia could easily become a surveillance state.
In a recent analysis of relevant laws and bills, EPRA emphasised these concerns, stating that they would be in violation of the Constitution, which safeguards the privacy of correspondence and communications.
More specifically, analysts are raising concerns about parts of the Communications Act, which has been in effect since January.
This section requires mobile communication service providers to retain communication details for years, mandates SIM card users to register, and also allows the government to intercept private data and communications.
Concerns raised
Even more concerning, they stated, is the recent data protection bill, which they believe is ineffective and riddled with serious deficiencies. While data protection is of utmost importance, the 2021 bill, as opposed to the 2020 version, omits Part 3 concerning the rights of individuals regarding specific data subjects.
In addition, sections seven and eight, which pertain to the approach of the courts in cases of violations, have also been removed, and the proposed Data Protection Authority has been weakened. This information is based on an analysis conducted by the Institute for Public Policy Research (IPPR) in November 2022 and cited in EPRA's report.
The proposed bill on cybercrime is possibly unconstitutional, EPRA warned, and grants the information and communication technology minister the authority to provide a management committee, possibly consisting of just two individuals, with full access to private data and communications.
Possible abuse of powers
Even data that would otherwise be private and protected can be accessed at the sole discretion of the minister, according to the Bill.
"The Cybercrime Bill does address some legitimate concerns, such as cybercrime and child pornography, but the powers granted to the government in the process to access private information are largely unrestricted and unchecked. If the government uses these powers to obtain otherwise private data and communication, there is no recourse. A court cannot be approached to prevent the government from accessing data, as the process is carried out in secrecy, unknown to any affected person," reads EPRA's analysis.
"To assume that the state will not abuse these powers is naive," EPRA stated, adding: "We urge policymakers to reconsider the Cybercrime Bill and take into account the issues addressed herein."
Last week, President Hage Geingob explicitly stated at the BRICS meeting in South Africa that Namibia supports China's Global Security Initiative (GSI). China is a global leader in population surveillance and uses surveillance of its citizens to implement a social credit system that punishes unacceptable behaviour.
In a recent analysis of relevant laws and bills, EPRA emphasised these concerns, stating that they would be in violation of the Constitution, which safeguards the privacy of correspondence and communications.
More specifically, analysts are raising concerns about parts of the Communications Act, which has been in effect since January.
This section requires mobile communication service providers to retain communication details for years, mandates SIM card users to register, and also allows the government to intercept private data and communications.
Concerns raised
Even more concerning, they stated, is the recent data protection bill, which they believe is ineffective and riddled with serious deficiencies. While data protection is of utmost importance, the 2021 bill, as opposed to the 2020 version, omits Part 3 concerning the rights of individuals regarding specific data subjects.
In addition, sections seven and eight, which pertain to the approach of the courts in cases of violations, have also been removed, and the proposed Data Protection Authority has been weakened. This information is based on an analysis conducted by the Institute for Public Policy Research (IPPR) in November 2022 and cited in EPRA's report.
The proposed bill on cybercrime is possibly unconstitutional, EPRA warned, and grants the information and communication technology minister the authority to provide a management committee, possibly consisting of just two individuals, with full access to private data and communications.
Possible abuse of powers
Even data that would otherwise be private and protected can be accessed at the sole discretion of the minister, according to the Bill.
"The Cybercrime Bill does address some legitimate concerns, such as cybercrime and child pornography, but the powers granted to the government in the process to access private information are largely unrestricted and unchecked. If the government uses these powers to obtain otherwise private data and communication, there is no recourse. A court cannot be approached to prevent the government from accessing data, as the process is carried out in secrecy, unknown to any affected person," reads EPRA's analysis.
"To assume that the state will not abuse these powers is naive," EPRA stated, adding: "We urge policymakers to reconsider the Cybercrime Bill and take into account the issues addressed herein."
Last week, President Hage Geingob explicitly stated at the BRICS meeting in South Africa that Namibia supports China's Global Security Initiative (GSI). China is a global leader in population surveillance and uses surveillance of its citizens to implement a social credit system that punishes unacceptable behaviour.
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