"This paper discusses whether data trusts are feasible structures in an African context, concluding that there are significant limitations to a straight import of trust models developed elsewhere. It goes on to outline specific considerations that should be prioritised in the development of bottom up and collective models of data governance on the continent, whether adopting a formal trust structure or not. This is done through a brief overview of data trusts and looking at data rights in Africa with particular focus on South Africa's data protection law. The paper then delves into the contentions of a Global South and Global North approach by highlighting the limitations of data trusts in an African context. It argues that the development of data trusts could still offer critical benefits especially when informed by African values and historical contexts. Making use of international instruments (Banjul Charter), principles (CARE) and values (Ubuntu), the paper emphasises the importance of collective decision-making relating to data and concludes with recommendations on collective and participatory governance, women's empowerment and capacity-building, to highlight how the alignment of data trusts to African contexts could help balance historical power differentials in the digital age." (Page 2)
Introduction, 1
What data trusts are: a brief overview, 2
Data rights in Africa, 4
Limitations of data trusts in African context, 7
Collective rights and responsibilities under African customary systems and jurisprudence, 8
The stokvel scheme: A case study example of collective decision-making in the South African context, 10
Opportunities and benefits of data trust-like schemes in Africa, 11
Way forward and conclusion, 13