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30Apr

Privacy & Protection: Do Ugandans Care What Happens to Their Data?

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By Neema Iyer |

Let’s be honest.

When was the last time you read the “Terms and Conditions” before you signed up for a new service online?

We don’t blame you. It’s easy to get lost in the legal jargon.

But do you know what happens to your personal data every time you click on “I have agreed to terms and conditions”? Did you know at the mere click to accept, you could have given a way a portion of your vital information and put your data privacy in absolute jeopardy?

Today, it’s hard to raise the issue of data privacy without putting a thought on the recent Facebook-Cambridge Analytica scandal that made many people realize the power of data. Even with as much information spewed out explaining what the scandal was about, very few took a note to learn from.

A recent allegation from the Cambridge Analytica scandal pins the Uhuru Kenyatta presidential campaign to have employed social media surveillance results to target campaign messages to different profiles of voters. This was possible because Facebook monitors your social media activity and can predict your behavior from that, hence such information is used to target messages that speak to your interests and emotions to sway major decisions such as election outcomes. This isn’t just happening on our doorsteps, allegations claim similar outcomes in the United States and the UK.

The EU revised as much on data privacy and protection in Europe and promised to give users more power over their data. While Europe seems to take quick action, down in Uganda and Africa at large, we continue to grapple with weak data privacy and protection laws, a citizenry that is not well-informed on data privacy, a delay in passing necessary bills and weak implementation processes. Unfortunately, a majority of African countries lack the necessary mechanisms for the inclusive participation of citizens and other stakeholders in the processes of formulating the very laws on internet and digital rights that directly affect them.

Do we care about Data Privacy and Protection?

In December 2017, Unwanted Witness, an activists group petitioned the Uganda Human Rights Commission (UHRC) to compel Parliament to speed up the enactment of privacy and data protection law.

They argued that without a governing law, citizens’ personal data is exposed to abuse without collection and protection safeguards. They further asked UHRC to prioritize privacy and recognize it as a fundamental right under attack in the country. However, to date, we are yet to see significant action taken to build an informed citizenry on their digital rights and to provide appropriate protections.

When talk about data arises, many are not really willing to delve further into the ethics surrounding the topic. This can and will still be attributed to the high illiteracy levels in the country and because many don’t know what data is or how valuable it might be on the long run, they will give it away easily. Funny as it may sound, a majority internet users think ‘data’ is the a term tied to the internet bundles that the ISPs provide and it’s that school of thought that has stuck with them. Whether their data gets in the hands of the wrong or the right people, it’s the least of their concerns.

Data Protection basically means to ensure the right to privacy, respect to confidentiality principles in various relations such as doctor patient, employer-employee and service providers with their clients generally.

Did you know that privacy is your human right?

The right to privacy refers to the concept that one’s personal information is protected from public scrutiny. It is essentially, your right to be left alone. Privacy is a core aspect of human dignity and values such as freedom of association and freedom of speech.

One would wonder, even with the data privacy breaches, are there really laws in place to curb and punish those that are misusing people’s data and evading on their privacy or we are simply looking while our data gets tampered with and is easily handed to the wrong hands.

Are there Laws in Place?

Yes! There is a Ugandan Data Protection and Privacy Bill that was tabled before parliament in 2015 and although the Bill needs to be revised and aligned better with human rights provisions, comments have been raised on the need to balance civil liberties, national security and data protection and privacy.

According to a paper published a couple of years ago by Dr Ronald Kakungulu Mayambala a Senior Lecturer of Human Rights and Peace Centre at Makerere University, Article 27 of the Constitution guarantees the right to privacy of person, home and other property. In particular, article 27(2) of the Constitution provides that a person shall not be subjected to interference with the privacy of that person’s home, correspondence, communication or other property.

Unfortunately there is no comprehensive law giving effect to article 27, yet a lot of data concerning individuals are collected, stored or processed regularly by various institutions in the private and public sector, including banks, hospitals, insurance companies, the Uganda Citizenship and Immigration Control Board, the Uganda Revenue Authority, Uganda Registration Services Bureau, the Electoral Commission, utility service providers and telecommunications companies under the SIM card registration exercise

The Bill seeks to protect the privacy of the individual and personal data by regulating the collection and processing of personal information. It provides for the rights of persons whose data is collected and the obligations of data collectors and data processors; and regulates the use or disclosure of personal information.

However even with these laws and bills in place, further questions continue to be raised on whether they even hold any solid ground in implementation, especially, if there has not been enough sensitization of the bills and data literacy.

 

What do some people think about data privacy in Uganda?

A chat with a few random Ugandans around town shows you just how long of a way we have to go with the data privacy and protection talk.

“I honestly have nothing to hide with my data and anyone who wants to access it can go ahead and access it. Your data can only be private if you choose to keep it private but if you choose to put it out there and later claim for privacy, then you are playing yourself” — Lisa

“Whatever you put out there is public. I don’t really care who gets my data because once Ipost anything on social media, it’s no longer in any way private. I get a need for data privacy if it comes to my business data like emails. That is when i need some real privacy” — Hans

“Data privacy is not even a topic of debating here in Uganda because people don’t really care what happens with their data. Because we have a huge Internet penetration gap, very many people don’t even know what data is in most parts of africa.” — Emmanuel


 

18Apr

The Stampede for SIM Card Registration: A Major Question for Africa

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By Edrine Wanyama |
It is anticipated that by 2025, there will be at least 5.9 billion mobile subscribers accounting for 71% of the world’s population. As of 2017,  Sub-Saharan Africa (SSA) had  a mobile subscription rate of 44% which is projected to reach  52% by 2025. Further, SSA’s mobile internet penetration by 2017 stood at 21% and is anticipated to increase to 40% by 2025.  However, the region has registered the largest number of cases of mandatory SIM card registration yet it suffers some of biggest challenges in personal data protection and privacy.
The benefits of SIM card registration include facilitation of citizens’ access to e-Government services, easy identification of an individual’s mobile number and number portability when switching networks. In addition, it aids combating cybercrime including terrorism by limiting covert communication and promotes good relations between consumers and service providers by simplifying identification of consumers and their use of SIM services. Accordingly, many governments argue that mandatory SIM card registration is for purposes of safeguarding digital and physical security. However, critics argue that when SIM card registration is effected without due safeguards, it poses a threat to privacy and freedom of expression.
Indeed, in 2013 Mexico repealed its policies on SIM card registration “after a policy assessment showed that it had not helped with the prevention, investigation and/or prosecution of associated crimes.” Finland has not enforced compulsory SIM card registration and nonetheless, through voluntary mobile signatures, service providers has succeeded in facilitating user’s access to relevant retail, banking and e-Government services.
Globally, over 90 countries conduct compulsory SIM card registration yet some remain without clear policy on its implementation. Amidst criticisms that mandatory registration does not necessary combat cybercrime, as criminals take the necessary precautions to avoid being detected and circumvent mandatory SIM card registration, African countries continue to proactively enforce SIM card registration. Among the prevailing challenges on the continent is the difficulty in validating identity documents in an environment with a wide range of service providers who create room for potential circumvention.
Mandatory registration has negatively affected access and usage of mobile telecommunication services due to the tedious process which entails the production of documentation such as passports and national identity cards prior to registration, which sometimes results in failure to attain a SIM card, disconnection, or  deactivation of SIM cards.
Additionally, there have been repetitive calls for registration of SIM cards in countries such as Uganda and Nigeria with personal data being collected  more than once. In Uganda, despite government explanation that SIM card verification is aimed at ensuring secure and safer communications, citizens have unanswered questions on the exercise. Suspicion arises due to a fresh validation of SIM card registration using national identity cards subsequent to registration which was initially done using valid documents such as students’ identity cards, driving permits and passports.
Double collection of personal data may partly imply collection of data beyond what is necessary for the purpose contrary to the internationally established data protection principles such as those set out in the Organisation for Economic Co-Operation and Development (OECD) Data Protection Principles. Further, there is no guarantee of individual privacy as most of the African countries do not have data protection laws. Moreover, most of the existing data protection laws do not meet internationally recognised standards considered sufficient to guarantee personal data protection and are therefore regarded as offering moderate or limited protection.
Meanwhile, efforts to buttress data protection in Africa have not yielded much. Out of 54 countries on the continent, only 14 have data protection laws (Angola, Benin, Burkina Faso, Mali, Gabon, Ghana, Ivory Coast, Lesotho, Madagascar, Morocco, Senegal, South Africa, Tunisia and Zimbabwe). A few others such as Uganda, Kenya, Nigeria, Tanzania and Niger have Bills. Regional efforts have also not yielded much. The Convention on Cyber Security and Personal Data Protection which was adopted by the African Union in 2014 has registered only 10 signatories (Benin, Chad, Congo, Ghana, Guinea-Bissau, Mauritania, Sierra Leone, Sao Tome & Principe, Zambia and Comoros) and one ratification by Senegal.
Ultimately, there is need to reconcile state interests with citizens’ personal data and privacy rights. Mandatory registration, especially in the absence of clear registration guidelines and the lack of data protection laws, puts personal data at risk. African governments need to learn from other jurisdictions such as Europe with regards to processing of personal data as part of SIM card registration. In enforcing SIM card registration, there should be a clear set registration timelines, clear and unambiguous registration requirements.

16Apr

Uganda’s Social Media Tax Threatens Internet Access, Affordability

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By Juliet Nanfuka |
Uganda’s president Yoweri Museveni has directed the finance ministry to introduce taxes on the use of social media platforms. According to him, the tax would curb gossip on networks such as WhatsApp, Skype, Viber and Twitter and potentially raise up to Uganda Shillings (UGX) 400 billion (USD 108 million) annually for the national treasury. The ministry has already proposed amendments to the Uganda Excise Duty Act, 2014 to introduce taxation of “over-the-top” (OTT) services, and raise taxes on other telecommunications services.
Section 4 of the Excise Duty (Amendment) Bill 2018, a copy of which was obtained by CIPESA, states: “A telecommunication service operator providing data used for accessing over the top services is liable to account and pay excise duty on the access to over the top services.” The amendment defines such services as the “transmission or receipt of voice or message over the internet protocol network and includes access to virtual network; but does not include educational or research sites which shall be gazetted by the Minister.”
According to the proposals, which could take effect on July 1, 2018, OTT services that commonly include messaging and voice calls via Whatsapp, Facebook, Skype and Viber will attract a tax duty of UGX 200 (USD 0.05) per user per day of access. In his letter, Museveni said the government needed resources “to cope with the consequences” of social media users’ “opinions, prejudices [and] insults”. He proposed a levy of UGX 100 (USD 0.025) per day per OTT user. Prime Minister Ruhakana Rugunda supported the suggestion as did the ICT minister, who stated that the taxes were meant to increase local content production and app innovation in Uganda.
If implemented, the proposed tax will be the latest in a series of government actions that threaten citizens’ access to the internet. Last month, the communications regulator issued a directive calling for registration of online content providers and also released tough restrictions on registration of SIM cards. At the USD 0.05 per day suggested by the finance ministry, a Ugandan user would need to fork out USD 1.5 per in monthly fees to access the OTT services. That would be hugely prohibitive since the average revenue per user (ARPU) of telecom services in Uganda stands at a lowly USD 2.5 per month.
According to the Uganda Communications Commission (UCC), in the 2016-2017 financial year, Uganda’s telecommunications sector contributed UGX 523 billion (USD 141.2 million) to national tax revenue, an increase of 14.3% from the previous year’s UGX 458 billion (USD 123.6 million).
As of September 2017, Uganda had an internet penetration rate of 48% while the mobile subscription stood at 65 lines per 100 persons. Research shows that at least one in nine internet users in the country is signed up for a social networking site, with Facebook and WhatsApp the most popular.
Indeed, social media and by extension OTT services, are key avenues for public discourse, service delivery and political engagement. As per the recently released results of the national IT survey 2017/18, 92% of MDAs have a social media presence with most using Facebook, Twitter and WhatsApp as their primary platforms for information dissemination and engagement with citizens. Meanwhile, telecommunications companies have tapped into the popularity of OTTs by offering competitive social media data packages, resulting in what was popularly referred to as “data price wars.”
The amendment bill also proposes a 12% tax for airtime on cellular, landline and public payphones. The latter two previously attracted a 5% tax. The tax on mobile money transfers has been increased from 10% to 15%, while a 1% tax has been introduced to the value of mobile money transactions of receiving and withdrawals.
The proposed taxes do little to support internet affordability in Uganda, which already scores poorly on the Affordability Drivers Index (ADI) that annually assesses communications infrastructure, access and affordability indicators. Currently, 1GB of mobile prepaid data in Uganda costs more than 15% of the average Ugandan’s monthly income. This is much higher than the recommended no more than 2% in order to enable all income groups to afford a basic broadband connection.
The proposed taxes have also raised considerable debate among members of civil society and the business sector, who are concerned that consumers will inevitably be economically affected, while the legal fraternity has called the move unconstitutional. In a country where two social media shutdowns were ordered in a space of three months during 2016, and where some social media users have been prosecuted or arrested over opinions expressed on Facebook and Twitter critical of public officials, these developments are particularly worrying. Already, the perceived high level of surveillance has forced many Ugandans including the media, into self-censorship, turning them away from discussing “sensitive” matters of community or national importance.
The increasing popularity of social media enabled OTT services, brings new regulatory challenges for governments, as many of these services have not required a licence or been required to pay any licensing fee according to the Electronic Frontier Foundation (EFF). However, the regulation of OTT platforms and services may in some cases adversely affect user rights.
On the financial inclusion front, the proposed taxes are also likely to affect mobile money subscriptions and the cost of doing business. In Uganda and across Africa, mobile money has become the primary means of financial transactions, offering new opportunities for productivity and efficiency gains to governments, businesses and individuals.
Feature photo by GotCredit
 

04Mar

Litigating Against Internet Shutdowns in Cameroon

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By Juliet Nanfuka |
The pushback against internet shutdowns in Cameroon has recently taken a new turn with advocacy organisations filing formal submissions before the Supreme Court of Cameroon. In their January 2018 submission, AccessNow and Internet Sans Frontières (ISF) highlight Cameroon’s commitment to international and regional human rights law and urge judges to recognise that disrupting or blocking the internet is incompatible with the right to free expression and access to information.
Authorities in Cameroon first initiated an internet shutdown in the English-speaking regions on January 17, 2017, which lasted 93 days. The shutdown was imposed in the wake of ongoing strikes, fatal violence and protest action against the continued “francophonisation” and marginalisation of English speakers who claim the central government “privileges the majority French-speaking population and eight other regions.” Cameroon’s constitution recognises the two languages as equal and calls for bilingualism. A second shutdown was effected on October 1, 2017 and some 150 days later, there was still no sign that the shutdown is about to be lifted in the affected Anglophone regions of Southwest and Northwest Cameroon.
The case in which AccessNow and ISF intervened is one of two ongoing cases challenging the January 2017 shutdown. Initiated in April 2017 by Cameroon’s Veritas Law Offices, in collaboration with the Media Legal Defence Initiative (MLDI), the cases are against the Ministry of Post and Telecommunications, Cameroon Telecommunications (CamTel) – a private company which dominates the telecoms sector in the country – and the Government of Cameroon.
Litigation has been recognised as a potentially effective tool in removing restrictions on the free flow of information online in countries with repressive internet regimes. Increasingly,  various initiatives are seeking to encourage collaboration across different internet governance actors in strategic litigation for a free and open internet.
AccessNow and ISF’s filing seeks remedy for the shutdown, calling it a violation of citizens’ constitutional rights to freedom of expression and access to information and freedom from discrimination. Indeed, in the submission, the organisations point out that international and regional courts as well as human rights institutions have condemned shutdowns as contrary to the law, unnecessary, and a disproportionate means of achieving their aim.
The filing also to refers to Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 and 27(2) of the African Charter, which state that a limitation or restriction on the right to freedom of expression will only be justifiable where it is (i) provided by law, (ii) serves a legitimate interest, and (iii) is necessary in a democratic society. These articles further state that where a state’s restriction or limitation fails to meet any one of the aforementioned criteria, it will amount to a violation of the right to freedom of expression.
Meanwhile, in November 2016, the African Commission on Human and Peoples’ Rights adopted a Resolution in which it expressed its concern over “the emerging practice of State Parties of interrupting or limiting access to telecommunication services such as the Internet, social media and messaging services, increasingly during elections”. It urged state parties “to respect and take legislative and other measures to guarantee, respect and protect citizens’ right to freedom of information and expression through access to Internet services.”
Various countries in Africa, Europe and Asia have experienced various forms of internet disruptions in recent years, some repeatedly like DR Congo, Ethiopia, India, Turkey, and Uganda, often with little legal recourse available to citizens. In the few instances where redress has been sought through courts of law, the proceedings have been slow such as the case of Uganda which called for the 2016 social media and mobile money shutdowns to be classed as illegal in a bid to deter a repeat of similar actions. Indeed, litigation is offering a new frontline in digital rights, such as in the case of the Gambia following the February ruling by the Economic Community of West African States (ECOWAS) Regional Court of Justice that media laws on sedition, false news and criminal defamation violate the right to freedom of expression. This mirrored the 2015 ruling by the East African Court of Justice (EACJ) which ruled that sections of Burundi’s Press Law of 2013 violated press freedom and democratic principles called for them to be repealed.
Nonetheless, the push for digital rights has taken on different forms and strategies, including the popular #KeepItOn campaign which is creating greater awareness and pushback against internet shutdowns. In Africa, for as long internet disruptions continue to recur, more strategic responses to them need to be developed particularly as sinister measures such as ambiguous regulations are increasingly taken to control the flow of information and freedom of expression online.
Update: Internet Access in the affected regions of Cameroon was restored in early March 2018.

16Jan

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

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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.

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