"Of the eight countries surveyed here, only four have comprehensive data protection privacy acts in place: Kenya, South Africa, Togo and Uganda. But as these research reports suggest, this is not necessarily a strong indicator of whether a country is committed to privacy rights, or of the efficacy o
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f a country’s legislative environment in ensuring the right to privacy and data protection. Instead, reading across the reports, what can be described as an asymmetry between legislation and practice is evident at different levels. This asymmetry can be political – for example, Togo, an effective constitutional dictatorship marked by fierce government crackdowns on opposition and recent reports of surveillance of religious and political leaders, enacted a data protection law in 2019, and is one of the few countries in Africa to have ratified the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention). Yet, as the country author suggests, “This interest [by policy makers in digital rights] is not necessarily to protect the citizens but rather out of concern to adapt state policies to the global digital situation.” This asymmetry also concerns the regulatory framework for the implementation of a data protection act. Amongst the countries surveyed here, South Africa was the first to pass a protection of personal information act (in 2013), but still has not implemented the necessary regulations to give practical force to the law. In contrast, while Nigeria’s privacy law is still in draft form, it already has what the country author describes as “watershed” privacy regulations." (Introduction, page 5)
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"Commonly held truths surrounding privacy and data protection may negatively impact the design of effective policy and regulatory solutions. Debunking the privacy paradox in the context of public intersections with data subjects helps to highlight how individualized privacy self-management strategie
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s are problematic as the sole (or chief) model for data protection. Identity projects, given the high level personal identifiable data required, are an important vulnerability context for considering new solutions on collective rights and protections." (Page 1)
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"This publication is a compilation of 19 articles by African researchers, academics, journalists and human and digital rights activists on the impact of the COVID-19 pandemic on digital rights in Africa. The articles were commissioned by the African Declaration on Internet Rights and Freedoms (AfDec
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) Coalition as part of its project on “Securing human rights online in Africa through a strong and active ‘African Declaration on Internet Rights and Freedoms’ network”. The AfDec Coalition is a pan-African initiative which promotes human rights standards and principles of openness in internet policy formulation and implementation on the continent, guided by the 13 principles established in the African Declaration on Internet Rights and Freedoms. At the time that the papers were commissioned, in June 2020, African states had either invoked existing policies or adopted new policies for prevention of spread, containment and treatment of the virus that had an impact on the enjoyment of digital rights. For example, most governments employed the use of contact tracing applications to track and trace citizens’ movements and put in place measures criminalising free speech when it contained false information about the pandemic. These two examples had the potential to be abused, particularly the latter, which was used to silence journalists and government critics. The pandemic also moved most citizens’ communication, education, work, trade and access to basic services from physical interactions to primilary online interactions. However, the continent is still largely made up of informal economies, has a low internet penetration rate of 28.2% (far below the global average of around 53%), and has seen an increase in reports of digital rights violations resulting from repressive cyberlaws, making the efforts to address the pandemic inadequate and inequitable. These articles offer reflective analyses on government efforts to curb the COVID-19 pandemic from the perspective of the AfDec principles, with a focus on a number of the principles including privacy and personal data protection, gender equality, freedom of expression, internet access and affordability, and the right to development and access to knowledge." (Introduction)
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"In 2010 the Open Democracy Advice Centre undertook a comprehensive review of the state of whistleblowing in South Africa, entitled 'The Status of Whistleblowing' (2010). Three years on, the whistleblowing landscape is due another review. Research demonstrates that progress has not merely halted in
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the current context, but that in fact South Africa appears increasingly hostile to whistleblowing activities. It is not just legislative provisions that may require review, but other broader environmental recommendations are also needed in order to properly enable whistleblowing. This publication looks at how to create an environment in South Africa that can encourage whistleblowers to act – this means not looking at law alone, and understanding that interventions are required at multiple points in the whistleblowing process if people are to feel supported enough to disclose." (Introduction)
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