CIPESA Submits Comments On The Uganda Data Protection and Privacy Bill, 2015

Official Submission |
Article 27 of Uganda’s constitution provides for citizens’ right to privacy, however, there is no law to protect an individual’s data privacy despite the large amounts of citizen data collected by government departments and private entities on a regular basis. More concerning, is that this data is collected with no guarantee of its protection and privacy.
Some existing legislation, for instance the Computer Misuse Act, 2011 (section 18); Access to Information Act, 2005 (section 26); Uganda Communications Act, 2013 (section 79); Electronic Signatures Act, 2011 (section 81); and the Regulation of Interception of Communications Act, 2010 (section 2) prohibit unauthorised access and disclosure of information. However, the provisions in these laws are not elaborate and do not adequately protect personal data.
The publication of the draft Data Protection and Privacy Bill 2014 was therefore a milestone. Accordingly, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) submitted comments to that version of the bill. Various concerns were raised including vague wording which left the bill open to misinterpretation, unclear procedural processes for collection and retention, as well as the costs associated with accessing personal data.
More recently on , CIPESA welcomes the Parliament of Uganda’s call for submissions on the Draft Data Protection and Privacy Bill, 2015. It once again gives opportunity for stakeholders to provide input to ensure that the law, when enacted, measures up to internationally acceptable standards of data protection.
In our latest submission, we highlight some of the positive principles and provisions of the Bill. Furthermore, we indicate areas of concern and suggest amendments to ensure that if the bill is passed into law, there are sufficient safeguards to regulate the collection, storage and use of data towards upholding citizens’ right to privacy.
See the full submission made on the Uganda Data Protection and Privacy Bill, 2015 presented to the Committee on Information and Communication Technologies (ICT) in the Parliament of the Republic of Uganda

Disruptions To Digital Communications Persist In The Democratic Republic Of Congo

By Edrine Wanyama |
Internet access and Short Message Services (SMS) were interrupted in the Democratic Republic of Congo (DR Congo) on January 20, 2018 ahead of a peaceful protest march organised by the Catholic Church to compel President Joseph Kabila to step down following the expiry of his final term in office. The country remains caught in a cycle of instability since the postponement of the November 2016 elections to December 2017, and then to April 2018.
The first interruption of digital communications in the vast central African nation occurred in December 2011 in the aftermath of general elections, before the announcement of the election results. The shutdown affected SMS, and lasted 25 days.
In the seven years since then, DR Congo has experienced at least five communication disruptions amidst growing concerns about surveillance of the digital communications of opposition leaders, journalists, and activists.

See: The Evolution of Internet Shutdowns in DR Congo

Affronts to internet access hurt human rights, and undermine political stability and economic growth. According to the new framework for calculating the economic impact of internet shutdowns, DR Congo loses at least USD 1,936,911 per day of an internet disruption.
The regular communication disruptions bring into focus the role of intermediaries in advancing internet freedom in the country. Specifically, telecom companies and other Internet Service Providers (ISPs) are being challenged to dissociate themselves from censorship, by declining to effect the government’s orders to cut off communications. Such a move would arguably be in accordance with the UN Guiding Principles on Business and Human Rights which require businesses to proactively address all adverse human rights impacts directly linked to their operations, products or services. However, many telecommunications services providers fear reprimand and termination of their licences for failure to comply with directives from the state to interfere or block digital communications.
Government directives to shut down the internet or interrupt communications are usually issued under the guise of “national security” or “public order”. In a letter ordering network disruptions in August 2017, an official of the national communications regulatory body, the Autorité de Regulation des Postes et Télécommunications du Congo (ARPTC), instructed service providers to take preventative measures to reduce the capacity to transmit “abusive messages.”
Internet penetration in DR Congo remains low at 4.2%, supported by a 55.7% mobile penetration. To-date, there are two primary laws governing the telecommunications sector, both of which were passed in 2002: the Framework Law 013/2002 on Telecommunications, and the Law 14/2002 on the Regulations – the law that established the national regulator. However, rather than advance internet access and usage, these laws have often been used against the media and critics of the state. Meanwhile, there are limited meaningful avenues for citizens to provide inputs to proposed new laws related to the telecommunications industry.
President Kabila’s government should boldly work to stop the abuse of rights which the country’s 2005 constitution guarantees . Abuse of free expression and access to information has continued in Congo despite the recognition of access to the internet as a human right by African and International Human Rights instruments. The UN Secretary General has previously called and continues to call upon the Congolese government to uphold her citizens’ freedoms to speech and peaceful assembly.
It is thus imperative that Congo government authorities desist from interrupting digital communications and guarantee citizens’ access to the internet and to the full enjoyment of their digital rights. Further, the Congo government should recognise the relationship between access to the internet and citizens’ livelihoods and work to grow the number of its citizens that meaningfully access and use digital tools and services.

The Digital Economy in Sub-Saharan Africa: What’s Missing?

By Kesa Pharatlhatlhe |
The global digital economy continues to grow, fueled by the increasing migration of social interactions, economic activities, and transactions online. Indeed the Information and Communications Technology (ICT) sector is powering various activities, such as banking, buying and selling goods and services, and access to health, education and entertainment.
In Africa, innovation, increasing affordability of hardware and internet connectivity are propelling the continent’s digital economy, but there remain challenges to growth. Internet penetration in Africa stands at 21.8% of the population, leaving the majority of the continent’s population offline.
According to  the  GSMA,  the  number  of  SIM  cards  in  use  in  Sub-Saharan  Africa  reached  731  million  at  the  end  of  2016,  and  is  expected  to  rise  to  nearly  one  billion  by  2020. By this time, the number of mobile broadband connections will reach half a billion, more than double the number at the end of 2016.
The use of mobile-based financial transaction platforms has grown exponentially, bringing the unbanked population and the informal sector in the majority of Africa’s developing countries to more structured financial transaction systems. Additionally, digital applications have encouraged the growth of micro, small and medium-sized enterprises through access to ICT-enabled financial services and marketing. In turn, the digital economy’s contribution to Africa’s gross domestic product (GDP) continues to grow.
Various domestic e-platforms have emerged in the region, indicating that the African digital economy landscape has positive prospects. In Nigeria, for example, Asuqu connects small businesses to creative individuals and professionals for freelance services. Then there is Jumia, whose parent company surpassed the US$ 1 billion market value in 2016. Jumia offers ecommerce services (retail, travel, food) in various African countries including Cameroon, Côte d’Ivoire, Egypt, Ghana, Kenya, Morocco, Nigeria and Uganda, Other examples of notable online platforms in Africa include Esoko (Ghana), mFarm (Kenya) and Novus Agro (Nigeria).
However, the region’s limited internet access, low purchasing power, high levels of illiteracy and poor infrastructure, among others, have affected the pace of growth of these platforms.
 Affordability poses another challenge. A World Bank report on digital dividends shows that on average internet access costs US$206.6 per Mbit/s per month in coastal countries in Africa, compared to a whooping US$ 438.82 per Mbit/s per month in landlocked countries. Chad, Cameroon, Equatorial Guinea, Lesotho, Mali and Niger have some of the highest access costs.
Nonetheless, some coastal countries like South Africa which has four undersea fibre optic cable systems, have ongoing campaigns against high data prices. Indeed, according to the Alliance for Affordable Internet (A4AI), very few countries in Africa meet the “1 for 2” target for affordable internet where 1GB of mobile data should not cost more than 2% of the average citizen’s monthly income. Currently, citizens in several African countries would need to spend up to 9.3% of their average income to access broadband data.
Furthermore, the absence of relevant data for the ICT sector, such as e-ecommerce statistics, is impacting on the capacity of states to make informed policy and implementation decisions. Moreover, the continued practice to shut down or disrupt internet, has negative consequences for the digital economy. Besides, as applause rings for the capacity that African countries have for “leapfrogging” in the digital age, often under-looked is the impact that this has on relevant local content, adequate localisation of technologies, policy development and a widening gender digital divide.
As such, there is a need to review and update existing regulatory frameworks to deal with emerging issues and new technologies. The absence or poor implementation of laws such as on cybersecurity, data protection and privacy, could slow down the momentum of Africa’s digital economy growth. Although various national broadband strategies have been released by countries in a bid to coordinate broader actions on issues related to technology use, unless the aforementioned gaps are addressed, the realisation of these policies will continue to face an uphill battle.
Governments need to design policies and regulations to significantly increase broadband deployment (especially to rural areas to bridge the urban-rural divide) and investment in the tech sector through Public-Private-Partnerships – extending tax incentives for infrastructural investment to private businesses.
There is also pressing need to integrate a gender perspective in all relevant policies and strategies and to make a concerted effort to mainstream women empowerment in strategies, policies, and budgets addressing issues of gender equality, as well as focusing on accessibility, affordability, safety and digital skills in Africa.
All in all, more still needs to be done to advance the digital economy in Sub-Saharan Africa and ultimately shift from being consumers of technology goods and services to originators of disruptive tech.

Reflecting on the Forum on Internet Freedom in Africa (FIFAfrica) at the Internet Governance Forum 2017

IGF Pre-event |
Join the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) at the Internet Governance Forum 2017 where we will share on the evolution of the Forum on Internet Freedom in Africa (FIFAfrica) at a pre-event on December 17, 2017!
We’ll explore insights from our latest report on the State of Internet Freedom in Africa 2017 themed Intermediaries’ Role In Advancing Internet Freedom – Challenges And Prospects as well as uncover what is sometimes left out of discussions on the economic impacts of internet shutdowns in Sub-Saharan Africa. For this discussion we’ll reference a new framework we developed this year. You can see more about it here: Calculating the Economic Impact of Internet Disruptions in Sub-Saharan Africa.
Are you keen on going into the IGF with a solid background on the internet freedom landscape in Africa?  Join us as we reflect on the Forum on Internet Freedom in Africa (FIFAfrica), discuss its evolution, the lessons learnt, the gaps and opportunities that lie ahead for policy development and practical advancement of digital rights in  Africa.

  • Venue: Join us at Room 18, Centre International de Conférences Genève (CICG)
  • Location:  17 rue de Varembé, CH – 1211 Genève 20
  • Date: Sunday, December 17, 2017
  • Time: 13h30 – 14h30

We’ll also share how various organisations have supported the growth of the FIFAfrica in various ways ranging from increasing participation of African delegates, in-depth research and analysis, unique workshops, through to skills exchange and network building.
To confirm attendance, please register here. 

Online Chat On Internet Shutdowns

Online Chat |
On Friday December 15, 2017, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) will spend some time sharing insights on internet shutdowns. Between 15h00 and 16h00 East African Time (EAT) we will explore the spate of shutdowns affecting Sub-Saharan Africa and the efforts to navigate them.

Have you experienced an internet shutdown? Are you experiencing a shutdown? What work or insights would you like to share around this issue? What is the way forward?

We will also share insights on the economic impact of internet shutdowns with reference to a new framework we developed on calculating the Economic Impact of Internet Disruptions in Sub-Saharan Africa
A few of the documented cases of deliberate interruption of digital communications in sub-Sahara Africa in December thus far include an ongoing shutdown in Anglophone regions of Cameroon which as of today has run for 75 days. An earlier shutdown in the same region lasted 93 days. This week also Ethiopia experienced interruptions to its communications – primarily Facebook, Whatsapp and Twitter due to protests in the Oromia region. Further afield, in Yemen, there were reports of some internet filtering, blocking, throttling, and social media shutdowns.
Join the discussion and share your views on how we can #KeepItOn and protect #InternetFreedomAfrica