Data protection is about safeguarding our fundamental right to privacy by regulating the processing of personal data: providing the individual with rights over their data and setting up systems of accountability and clear obligations for those who control or undertake the processing of the data. Digital rights are basic human rights in the internet era - linked to freedom of expression and privacy, those that allow people to access, use, create and publish digital media, as well as access and use computers, other electronic devices, and communications networks. As a user of digital technology, you also have the right to privacy and the freedom of personal expression.
2020 brought several major developments in the world of data
protection legislation. Also, the rise of so many digitally enabled markets in
Africa means that more consumers are being asked to give access to their
personal data, including financial, demographic, and geolocation data. As the
55 African countries of the African Union (AU) move towards greater integration
of trade policies through the African Continental Free Trade Agreement
(AfCFTA), one area of noted trade policy divergence is the governance of
digital trade. African nations have varied rules governing the protection of
personal data, with some countries offering little to no protection policy
while others have extensive digital governance frameworks. As internet
connectivity, broadband access, and digital trade have converged with wider
economic development, the extent to which African nations form policies
governing the digital landscape can also shape development across the whole
continent.
The Internet has introduced new spaces. The online environment has
gone mainstream, and there is more democratic participation. As we increasingly
conduct our lives online—shopping, socializing, and sharing
information—our digital rights, particularly the rights to privacy and freedom
of expression, are becoming more important. We need to understand how our data is
being used by companies, governments, and internet giants such
as Facebook and Google. Is it being handled fairly and carefully, sold, or
shared without our consent?
As governments and companies collect our personal data,
cybercriminals are also easily collecting our personal data and tracking our
movements and activities. It is important to know who has access to the data
trail or footprints we create online. Brands want to look at the content that
we create and share, such as our social media profiles and location data from
mobile phones, because it helps them build a picture of how we spend our time
and money. Also, employee records, customer details, transactions,
and data collection through surveys need to be protected. This
is to prevent that data from being misused by third parties for
fraud, such as phishing scams and identity theft. Thus, the regulations
governing the protection of personal data are becoming increasingly important.
Data privacy is a fundamental right that is yet to be completely established
across many countries in Africa. Only 32 countries in Africa have data privacy
laws. The African Union convention on cybersecurity and personal data
protection (Malabo Convention) 2014, sets a strong intention of protecting
personal data and ensuring cybersecurity in Africa. The Convention seeks to
establish a credible framework for cybersecurity in Africa through the
organization of electronic transactions, protection of personal data, and
promotion of cybersecurity, e-governance, and combating cybercrime. It also
provides a personal data protection framework that African countries might
switch into their national legislation for it to have the full force of the law
and encourages African countries to recognize the need for protecting personal data.
By this, emphasizing the responsibility of African states to respect, protect
and fulfil human rights online for all people.
The continent is divided along the line of countries with a
framework, an insufficient framework, and no framework. Many countries are
also yet to adopt any major data protection regulations. The
divergent framework creates a fractured terrain for data protection and
enforcement of the law across the continent, and for establishing a common
market for regional trade in digital goods and services.
Despite the gaps, Ghana has spent considerable efforts to update
and amend laws and regulations to encourage the establishment of a larger
digital trade economy. This includes laws that govern the protection and
privacy of personal data. Ghana’s Data Protection Act came into force in 2012
to protect the privacy of individual and personal data by regulating the
processing of personal information. In 2019 Kenya, Nigeria, Togo, and Uganda
enacted data protection policies, followed by Egypt, to create a data
protection framework with its Personal Data Protection Law. Next came South
Africa, whose Protection of Personal Information Act came into force in 2020.
Other countries are revising existing data protection policies or working to
establish structures to enforce existing laws and regulations.
Although the gaps and wide flexibility of privacy and data
protection laws from country to country, the economic and trade impact on
technology firms seems to be minor, as the size of the African digital market
is still growing. In the wake of emerging technologies, several new data
security laws around the world will be enforced, introducing among others,
mandatory data breach notifications, and increased penalties for
non-compliance. 2021 will see these changes applied and for Ghana and other
African digital economies to grow, we must push for enforcement and compliance,
and fall in line with the international standard set by the General Data
Protection Regulation (GDPR). Cross-border transfers are likely to be one of
the big compliance issues being tackled by legislative bodies and data
protection authorities must ensure a regularization and normalization of data
transfers between countries.
For comments,
contact richard.amanfu@iipgh.org or Mobile: +233244357006
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