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

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 

Harnessing the Data Revolution for National Development: The Case of Uganda

By Loyce Kyogabirwe|
The United Nations (UN) has recognised data as a key factor for achieving and monitoring sustainable development. Indeed, the push for open data that contributes to government transparency and accountability and promotes citizens’ right to information and innovation through the Information and Communication Technology (ICT) sector continues to gain prominence globally, including in Africa.
In Uganda, the government is geared towards contributing to the emerging data revolution for sustainable development. Since 2016, the country has been party to the African Charter of Statistics and is also working to implement the UN Fundamental Principles of National Official Statistics as well as the Cape Town Action Plan. Uganda has also developed the National Development Plan and is party to regional development agendas such as Agenda 2063 and the East African Community’s Vision 2050.
In tandem with the above commitments and recognition of the need for quality data that responds to the demands of development agendas, the Uganda Bureau of Statistics (UBOS) together with other development agencies hosted the country’s first High Level National Data Forum from November 14 to 17, 2017 in Kampala to reflect on how to harness the data revolution for national development.
While presenting the National Standards Indicator Framework (NSIF) at the Forum, Imelda Musana, Deputy Director of Statistical Production and Development at UBOS underscored the importance of data and statistics for actualising the NSIF as an effective tool for measuring progress and performance, informing planning and resource allocation in all government Ministries, Departments and Agencies (MDAs).
Further, Bill Anderson, Data and Information Architect at Development Initiatives (DI) reiterated the need to build sustainable and inclusive data ecosystems. “To meet national development plans and the Sustainable Development Goals (SDGs), we need to build sustainable systems that are sustainably funded to tell the story of everyone in every village” he said.
During the discussion, it was recognised that due to decentralised statistical systems and fragmented data sets, official statistics did not reflect data generated by non-state data producers including the private sector, academia, civil society and the citizens. Participants therefore called for frameworks that can allow these sources of data, who are also motivated by the data revolution, to feed into the national statistics.
Coordination, collaboration and partnerships was also pointed out as essential for a functional and inclusive data ecosystem. According to Norah Madaya, Director of Statistical Coordination Services at UBOS, partnerships are inevitable in order to minimise duplication of efforts and increase efficiency and harmonisation of programmes. However, she noted existing challenges that hinder coordination and partnerships within the data ecosystem, such as lack of institutionalised statistical structures in government agencies, inadequate commitment to factors driving coordination such as harmonised ICT platforms and resistance to joint survey undertakings.
Meanwhile, usability as a driver for the national data ecosystem was also discussed, with widespread calls for data released by government to be in easily accessible digital formats. Currently, most public information/data released by government agencies is in PDF format and does not meet open data principles as prescribed in the Open Data Charter which calls for data to be released in a format that easily accessible, reusable and allows for manipulation, among others.
On the ICT front, Kenneth Bagarukayo, from the Ministry of ICT and National Guidance noted that Uganda’s readiness for open data is hindered by lack of common data standards as well as inadequate infrastructure. As such, in 2015, the government embarked on the process of developing the Open Data Policy that will help address these challenges. A draft of the policy has been developed with priority areas focusing on open data working groups, the development of an open data portal and high value data sets. According to Bagarukayo, policy consultations have been completed and the draft policy will be presented to cabinet for approval in December 2017.
Meanwhile, efforts are also underway to build Communities of Practice (CoP) on data among civil society, private sector and public-sector organisations. One such initiative is the East Africa Community of Practice for Data Revolution and SGDs which is working to enable actors meet frequently and deliberate on best practices, challenges and experiences of their engagements on data and community at the subnational level. Development Initiatives is leading efforts in Uganda towards agreeing on a general action plan for the country’s CoP and recently held a meeting with various actors including CIPESA to discuss gaps and needs that the CoP might address to increase collaboration across the East African region.
Ultimately, the National Data Forum was a ground-breaking event which will hopefully bring the data revolution to the forefront of national debates and support awareness of the evolving data demands for measuring national, regional and international development initiatives. Discussions over the three day event rallied stakeholders to come together and support more investment in data production, analysis and use, for evidence based planning.