Robust Data Protection Standards Could Spur Regional Economic Integration

By Edrine Wanyama |

Leaders in charge of various data protection agencies and Civil Society Organisations (CSOs) who met at the East African Exchange on Data Protection held in Kampala, Uganda on March 6, 2024, recognised the need to buttress data protection by promoting the right to privacy in the region. 

The event drew representatives of government agencies and CSOs from Burundi, the Democratic Republic of Congo, Kenya, Rwanda, Somalia, South Sudan, Tanzania, and Uganda. Speaking to the importance of the Data Exchange programme, Stella Alibateese, the Director of the National Personal Data Protection Office in Uganda emphasised the need to enhance the right to privacy. 

“As we navigate these waters, we must recognise the diverse stages of development and implementation of data protection and privacy laws across our partner states in the East African Community,” she said. “Yet, within this diversity lies our strength – the unparalleled opportunity for knowledge exchange, peer learning, and collective growth.”

Dr. Chris Baryomunsi, Uganda’s Minister of ICT and National Guidance, underscored the need for collaboration in dealing with the complexities of data protection. “As a bloc, we must therefore embrace innovative solutions and continue these collaborative efforts amongst regulators, development partners, businesses, and the general public so as to achieve effective data protection and respect for privacy rights,” said Baryomunsi. “I am confident that the outcomes of this knowledge exchange will go a long way in defining a regional approach to addressing emerging threats in data protection.”

Data privacy is necessary for enhancing state relations in trade and business. This includes e-commerce, transport, movement of goods and services, efficiency of service delivery, movement of persons and labour, and information exchange for a quicker economic integration process.

While the East Africa Community (EAC) stands on four pillars (the Customs Union, the Common Market, Monetary Union and Political Federation), which are the core foundations for economic development, the Customs Union, movement of persons, movement workers and the Monetary Union involve mass collection of personal data including in trade and business and travel. 

Additionally, not all the states in the region have established strong safeguards on data protection and privacy. For instance, while Kenya, Rwanda, Somalia, South Sudan, Tanzania, and Uganda have specific legislation on data protection, some of the laws are criticised for failing to meet internationally accepted standards by, among others, not having clear and independent authorities to oversee and manage personal data and privacy. Another concern is that Burundi and the Democratic Republic of Congo are yet to enact specific laws on data protection, which puts data movement in the region at risk. 

At the regional level, the Draft EAC Legal Framework For Cyber Laws of 2008 has been largely unimplemented. Also, Rwanda is the only country within the EAC that has signed and ratified the African Union Convention on Cyber Security and Personal Data Protection, (the Malabo Convention). As such there is no unified code or standard on data protection and privacy in the region.

Nevertheless, according to Annette Ssemuwemba, Deputy Secretary General for Customs, Trade and Monetary Affairs at the EAC, the bloc is undertaking measures to come up with a harmonised framework on data security. She said such a harmonised framework has the potential to inform data protection practices across the region with high chances of setting a common standard amongst the member states. 

Meanwhile, the existing data protection agencies in the EAC Member States face common challenges. These include limited financial resources, lack of sufficient technical and competent staff with a firm grasp of data protection and privacy issues, and receiving of complaints which are not necessarily related to the right to privacy. These challenges have undermined the potential of a transformational data privacy era in the region including in carrying out investigations into data breaches and adjudicating complaints. 

Nevertheless, the need to leverage more opportunities for data exchange were highlighted. These include through knowledge exchange, collaboration, governments’ political will, professionalisation of the technology sector, independence of the data protection agencies, ratification of the Malabo Convention, picking lessons from the General Data Protection Regulation (GDPR) of the European Union and the adoption of a uniform code for personal data protection in the region. Such measures could spur the protection and promotion of the right to privacy nationally, regionally, and internationally. Similarly, EAC countries without data protection should swiftly enact them to be on the same page with the rest.

Save the Date: The Forum on Internet Freedom in Africa (FIFAfrica24) September 25-27, 2024!

Announcement |

It’s time to mark your calendars for the annual Forum on Internet Freedom in Africa (FIFAfrica), the largest gathering on digital rights on the continent.  The 2024 edition will be held on September 25-27 and as in previous years will align with the commemoration of the annual International Day for Universal Access to Information (IDUAI).

FIFAfrica sets the stage for concerted efforts to advance digital rights in Africa and promote the multi-stakeholder model of Internet governance. It places internet freedom directly on the agendas of key stakeholders, including policymakers, journalists, activists, global platform operators, telecommunications companies, regulators, human rights defenders, academia, and law enforcement.

Now in its 11th year, FIFAfrica has grown to serve as a vital response to the mounting obstacles facing digital democracy in Africa, including arrests and intimidation of online users, internet disruptions, and regressive laws that stifle the potential of digital technology to catalyse socio-economic and political development on the continent. 

This year, FIFAfrica24 will serve as a key channel that informs the way ahead for digital democracy in Africa and the role that different stakeholders need to play to realise the Digital Transformation Strategy for Africa and Declaration 15 of the 2030 Agenda for Sustainable Development. The Declaration notes that the spread of information and communications technology and global interconnectedness has great potential to accelerate human progress, to bridge the digital divide and develop knowledge societies.

FIFAfrica offers something for everyone! Be sure to save the date and don’t miss this chance to be part of the #InternetFreedomAfrica movement dedicated to protecting and promoting internet freedom across the continent.

Stay tuned for more details and registration information! 

A Decade of Internet Freedom in Africa: Report Documents Reflections and Insights from Change Makers

CIPESA Writer |

Over the last decade, Africa’s journey to achieve internet freedom has not been without challenges. There have been significant threats to internet freedom, evidenced by the rampant state censorship through
internet shutdowns, surveillance, blocking and filtering of websites, and the widespread use of repressive laws to suppress the voices of key actors.

However, amidst all this, there is a community of actors who have dedicated efforts towards advancing digital rights in the continent with the goal of ensuring that more Africans can enjoy the full benefits of the internet.

As part of our efforts recounting the work of the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) over the years, we are pleased to share this special edition report: A Decade of Digital Rights in Africa: Reflections and Insights from 10 Change Makers, where we document reflections and insights from ten collaborators who have been instrumental in shaping Africa’s digital and Internet freedom advocacy landscape over the last ten years.

These changemakers have demonstrated change by advocating for a more free, secure, and open internet in Africa and working to ensure that no one is left behind.

Read the full report: A Decade of Digital Rights in Africa: Reflections and Insights from 10 Change Makers!

Meet the Changemakers

‘Gbenga Sesan, the Executive Director of Paradigm Initiative, is an eloquent advocate for internet freedom across the continent, leading efforts to push back against repressive laws and promoting digital
inclusion while speaking truth to power. He continues to champion the transformative power of technology for social good and to drive positive change in society.

Arthur Gwagwa is a Research Scholar at Utrecht University, Netherlands, and a long-standing advocate for digital rights and justice. His work in the philanthropic sector has been instrumental in supporting various grassroots initiatives to promote internet freedom in Africa. Similarly, his pioneering research work and thought leadership continue to inspire and transform the lives of people in Africa.

Edetaen Ojo, the Executive Director of Media Rights Agenda, is a prominent advocate for advancing media rights and internet freedom. Known for his strategic vision and dedication to media freedom, he pioneered the conceptualisation and development of the African Declaration on Internet Rights and has been a key voice in shaping Internet policy-making in Africa.

Emilar Gandhi, the Head of Stakeholder Engagement and Global Strategic Policy Initiatives at Meta, built a strong foundation in civil society as an advocate for Internet freedom. She is a prominent figure in technology policy in Africa whose expertise and dedication have made her a valuable voice for inclusivity and responsible technology development in the region.

Dr. Grace Githaiga, the CEO and Convenor of Kenya ICT Action Network (KICTANet), has been a leading
advocate for media freedom and digital rights in Africa. Her tireless advocacy in shaping internet policy has earned her recognition for her pivotal roles in championing internet freedom, digital inclusion,
multistakeholderism, and women’s rights online.

Julie Owono, the Executive Director of Internet Sans Frontières (Internet Without Borders), is a passionate and respected digital rights advocate and thought leader in the global digital community. She is not only a champion for internet freedom in Africa but is also a symbol of hope for many communities standing at the forefront of the battle for internet freedom and connectivity in Africa.

Neema Iyer, the founder of Pollicy, is well known for her advocacy efforts in bringing feminist perspectives into data and technology policy. Her dynamic and multi-faceted approach to solving social challenges exemplifies the potential of data and technology to advance social justice and promote digital inclusion and internet freedom in Africa.

Dr. Tabani Moyo, the Regional Director of the Media Institute of Southern Africa (MISA), is a distinguished
media freedom advocate and influential leader in guiding a community of changemakers in Southern Africa. He has played an extensive and formidable role in pushing back against restrictive and repressive laws, supporting journalists under threat, empowering young Africans, and shaping internet governance policies.

Temitope Ogundipe, the Founder and Executive Director of TechSocietal, has been a champion for digital rights and inclusion in Africa. She is an advocate for women’s rights online and uses her expertise to contribute to the development of youth and address digital inequalities affecting vulnerable groups across the continent.

Wafa Ben-Hassine, the Principal Responsible Technology at Omidyar Network, is a recognised human rights defender and visionary leader dedicated to promoting human rights and responsible technological
development. Her relentless advocacy and valuable contributions to defending digital rights, civil liberties, and technology policy continue to inspire many across the continent.

Join the Report Launch Webinar:

When: January 31, 2024
Time: 14:00-16:00 (Nairobi Time)
Location: Zoom (Register here)
After registering, you will receive a confirmation email containing information about joining the webinar.

Updated: Watch the report launch webinar.

Introducing the Tech Accountability Fund and a Call for Proposals

Announcement |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has partnered with Digital Action to support work on tech accountability in Sub-Saharan Africa in the run up to and during the “Year of Democracy” in 2024. This support will be channelled through the Tech Accountability Fund that will be administered under the auspices of the Africa Digital Rights Fund (ADRF).  

Numerous African countries, including the Comoros, Senegal, Mauritania, Rwanda, Mozambique, Ghana, Algeria, Botswana, Chad, Guinea Bissau, Mali, Mauritius, Namibia, South Africa, South Sudan and Tunisia, are headed to the polls during 2024. Electoral processes are essential to building democracy, and given growing threats to information integrity and technology use in elections, it is crucial to conduct platform accountability around electoral processes. The Fund responds to these key concerns in the Year of Democracy and to the scant  resources to African civil society entities that are working to counter tech harms. 

In 2022, Africa had around 570 million internet users, of which 384 million (67%) were social media users. These users, most of whom are the youth, are increasingly using social media applications such as WhatsApp, Facebook, Twitter, YouTube, Instagram and TikTok for content creation and entertainment, business, advertising and entrepreneurship, communication and connection, education and learning, civic engagement and activism. As the users increase, reports from social media companies indicate the rise of harmful, illegal or offensive content on the platforms.

In response, social media companies have employed various measures to review, screen, and filter content to ensure it meets their community guidelines or policies and does not adversely affect the user experience on the platforms. The content moderation tools and techniques applied include keyword filtering, machine learning algorithms and human review. 

Despite these efforts, the inadequacy of the measures undertaken by social media platforms and social networking sites in moderating illegal, harmful or offensive content has increasingly been questioned. In Ethiopia for instance, social media companies have been accused of not doing enough to moderate such content, which has gone on to cause real-world harm, such as fuelling killings. Starkly, platforms such as Facebook and Twitter are accused of deploying minuscule resources and measures in content moderation in Africa, relative to investments in the United States and Europe. 

Key concerns about content moderation in Africa include the limited understanding by platforms of the cultural context in the continent, the lack of cultural sensitivity, labour rights violations, bias and discrimination of algorithms, non-application of local laws, lack of transparency and accountability in content moderation, all of which have an impact on freedom of expression and civic participation.

Call for Proposals
Applications are now open for the Tech Accountability Fund as the eighth edition of the ADRF. Grant sizes will range from USD 5,000 to USD 20,000 subject to demonstrated need. Cost sharing is strongly encouraged. Funding shall be for periods between six and 12 months. 

The Fund is particularly interested in work related to but not limited to:

  • Online gender-based violence, particularly against women politicians and women journalists
  • Network disruptions
  • Content moderation
  • Microtargeting and political advertising
  • Hate speech
  • Electoral Disinformation 
  • Electoral specific harms e.g. effects on freedom of expression and citizens’ ability to make independent choices and participate in electoral processes.

The deadline for applications is February 16, 2024. Read more about the Fund Guidelines here. The application form can be accessed here

Only shortlisted applicants will be contacted directly. Feedback on unsuccessful applications will be available upon request.

Meet the Latest Grantees of the Africa Digital Rights Fund (ADRF)

Announcement |

Round seven of the Africa Digital Rights Fund (ADRF) awarded grants to seven organisations to implement initiatives focused on digital inclusion, women’s safety online, cyber security and digital resilience. In Tanzania, Omuka Hub is working to raise the online visibility of women politicians and push for reforms related to online violence against women in the context of the Political Parties Act and Election Act. Still on women’s safety online, building on the success of its endgbv.africa portal, South Africa based Alt Advisory is working to increase the availability of resources in the form of fact sheets on the harm, including legal and political nuances; landmark judgments and law reform processes; and support for survivors. 

Under the themes of cybercrime, data protection and privacy and hate speech, the Institute for Public Policy Research (IPPR)’s ADRF initiative aims to document (through primers and podcasts) and spark discourse around narratives related to national security, social media regulation and content moderation, and multi-stakeholder participation in Namibia’s cyber security law and policy making processes.

Towards strengthening the digital resilience of human rights defenders, activists, and journalists in Malawi, the Centre for Human Rights and Rehabilitation (CHRR) will conduct knowledge and skills building exercises in digital security, develop reference materials and resources and convene stakeholder meetings on the Data Protection Bill. 

In Kenya, Mozambique and Zimbabwe, ADRF-supported projects on advancing learning and best practice in digital accessibility for persons with disabilities based on CIPESA’s Disability and ICT Accessibility Framework Indicators are underway by the Mozambican Forum of Disabled Persons’ Organizations (FAMOD)Signs of Hope Trust and the Kenya ICT Action Network (KICTANet), respectively. 

Round seven brings to USD 700,000, the total amount of funding disbursed under the ADRF since it started in 2019. Information about past grantees can be found here.