Tuesday January 28, 2025: As the world commemorates Data Privacy Day, Paradigm Initiative (PIN) calls on countries in the Southern African Development Community (SADC) that have not yet enacted data protection legislation to develop comprehensive legislation to safeguard individuals’ privacy rights. Data Privacy Day is observed annually since January 28, 2017, to promote awareness of best practices for data security and privacy protection.
Paradigm Initiative (PIN) commends Botswana which repealed its previous legislation on personal data protection and enacted a new Data Protection Act (DPA) on October 29, 2024. Botswana’s DPA came into effect on January 14, 2025, with new and commendable reforms that include data breach notification, Data Protection Impact Assessments (DPIAs) for high-risk processing, age and consent verification requirements, an expanded scope of data subjects’ rights and provides that the data of a child can be processed based on consent from a parent or guardian. The new Act raises the maximum administrative fine for violations from Botswana Pula (BWP)10 million amounting to United States Dollars US$725,341.40 to BWP 50 million an equivalent of US$3,610,778.41, reflecting a stringent approach to enforcement and compliance. To ensure the implementation of the DPA, Botswana has an opportunity to develop guidelines to support the implementation of the DPA.
PIN further commends Angola, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Seychelles, South Africa, Tanzania, Zambia and Zimbabwe for enacting data protection laws to protect data subjects’ privacy rights. PIN urges all relevant data protection authorities to ensure the implementation of the laws safeguards digital privacy.
Despite these strides, the absence of robust data protection legislation in countries like the Democratic Republic of Congo (DRC), Mozambique and Namibia poses significant risks to individual privacy. Comoros promulgated Law No. 14-031/AU of March 17, 2014 relating to Electronic Communications and DRC enacted order Law No. 23-010 of March 13, 2023 relating to the Digital Code. Both laws have clauses on data protection which could be further strengthened by developing comprehensive laws on data protection to uphold individuals’ rights to privacy. PIN reminds Comoros, DRC, Mozambique, Namibia of their obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 which provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy and the African Charter on Human and Peoples’ Rights (ACHPR)’s Declaration on Freedom of Expression and Access to Information Principle 41 which stipulates that states shall adopt laws for the protection of personal information of individuals in accordance with international human rights law and standards. In addition, the SADC Model Law on Data Protection and the African Union Convention on Cybersecurity and Personal Data Protection set compelling frameworks for the harmonisation of data protection laws and guide states on policy development regarding the protection of personal data. Without data protection laws, individuals in these countries are vulnerable to data breaches, misuse of their personal information, mass surveillance, discrimination and bias, without legal recourse.
PIN underscores the importance of developing rights-respecting data protection legislation that safeguards data subjects’ rights, including the right to access, correct, and delete personal data, the right to data portability, and the right to object to data processing.
As such, we call for enactment of robust laws on data protection in Comoros, Demopcratic Republic of Congo, Mozambique and Namibia.
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About PIN
Paradigm Initiative (PIN) connects under-served young Africans with digital opportunities and ensures digital rights for all. We have worked in communities across Nigeria since 2007 and across Africa since 2017, building experience, community trust, and an organisational culture that positions us as a leading non-governmental organisation in ICT for Development and digital rights on the continent.
We promote a rights-respecting continent through our team in subregional offices in Cameroon, Kenya, Nigeria, Senegal, Zambia, and Zimbabwe. Our interventions are spread across more than 27 African countries. Paradigm Initiative pushes for an Internet that is open, accessible, and affordable to all.
Our programmes include a Life Skills, ICTs, Financial Literacy, and Entrepreneurship (LIFE) Training Programme, a digital readiness workshop for youth, and a Life at Schools Club Programme. PIN has also built online platforms such as Ayeta and Ripoti that educate and serve as safe spaces for reporting digital rights violations.