DATA PRIVACY AND PROTECTION IN AFRICA
With approximately 600 million people in Africa accessing the internet today, African nations are becoming more aware of the need for data and privacy protection legislation and investment.
According to Internet Society, a non-profit advocacy group, more than 17 African nations have comprehensive personal data privacy laws in place.
Additionally, as of 2021, 33 countries have some type of legislation that ensured data and privacy protection, according to the United Nations Conference on Trade and Development.
Nigeria's Minister of Communications and Digital Economy, Isa Pantami, claimed the Nigeria Data Protection Bureau (NDPB) had made significant personnel investments to increase capability while speaking during the 2023 Global Data Privacy Week in Abuja.
"The NDPB has created several jobs, with a current value of N5.5 billion ($12)he said.
Between 2019 and 2022, nearly 10 African countries enacted laws reaffirming data and privacy protection.
In November 2022, Tanzania became the latest African country to pass the Personal Data Protection Law and subsequently established its Data Protection Commission.
Botswana, South Africa, Kenya, Rwanda, Nigeria, Uganda, Togo and Ghana have been front-runners in legislating pro-data and privacy protection policies.
Beyond efforts at the individual country’s levels, regional economic blocs have policies that safeguard data and privacy protection.
The Southern African Development Community (SADC) modelled the SADC Model Law on Data Protection in 2010, which it adopted in 2013.
ECOWAS Supplementary Act A/SA.1/01/10 on Personal Data Protection (2010) and EAC Framework for Cyber laws (2008) are some regional bloc-level policies targeting data and privacy protection.
Despite the developments in legislation, Brandon Muller, Kaspersky tech expert and consultant African region, highlights the many areas African countries can improve on, especially in averting industrial cybersecurity.
According to Muller, 40% of industrial control system (ICS) computers globally were attacked with malware in 2022, with Kaspersky projecting 47% of the cases occurred in Africa.
Industrial control systems involving manufacturing, processing, product handling, production and distribution are the basis of economic growth.
Kaspersky lists Ethiopia (62%), Algeria (59%), and Burundi (57%) as having experienced the highest number of malware attacks on their industrial control systems last year.
Others listed include Rwanda (46%), Kenya (41%), Nigeria and Zimbabwe (40%), Ghana (39%), Zambia (38%) and South Africa and Uganda (36%).
However, these countries are actively improving efforts to elevate their data protection systems.
Ethiopia is currently in the advanced stages of legislating the Data Protection Proclamation, which will establish a Personal Data Protection Commission.
Algeria’s Law No. 18-07 was recently passed and established the legal framework for collecting, processing, using, and disclosing personal data concerning data processing activities.
With some listed countries recording relatively high vulnerability rates, more laws and policies are needed to ensure safe digital browsing.
Muller outlines the significance of anti-malware systems and practising safe practices as it will ensure long-term safety.
“One infected USB drive or a single spear-phishing email is all it takes for cyber criminals to bridge the air gap and penetrate an isolated ICS network,” Muller notes.
While some malware sources remain complex, especially in advanced systems, Muller explains that “human error still plays a significant role in compromising ICS systems.”
However, Africa is broadly trying to confine itself to the framework set out in the African Union Convention on Cyber Security and Personal Data Protection.
African Union and Internet Security, in a 2018 report dubbed “Personal Data Protection Guidelines for Africa”, recommend creating trust, privacy, and responsible use of personal data, commitment and actions by individual governments and multi-sectorial approaches
Analysis of Electronic Commerce and Digital Trade in Africa
African lags behind in terms of penetration of the digital economy in retail with respect to other regions. In 2019, only 30% of the African population engaged in online shopping, compared to 45% and 50% in South America and Asia. Only $22 billion in turnover was generated in regional business to consumer (B2C) e-commerce transactions, compared to $1,100 billion in Asia, and $30 billion-worth of services were digitally delivered, substantially below the $790 billion in Asia.
The development of e-commerce and the digital economy is affected by a wide range of factors including digital and physical connectivity, the low number of people using the internet (30% of the total population), the low number of people using bank accounts or mobile money (40%), lack of secure internet servers and unreliable postal services.
The global advancement in information and communications technology (ICT) has impacted virtually every aspect of the lives of billions of people in the world, without losing sight of the stark variations on access to digital goods and services across and within continents and countries. Trade, be it cross-border or domestic, is no exception.
This paper focuses on the E-commerce protocol of the AFCFTA and offers key policy recommendations that can contribute to solving the digital divide problem.
Data protection laws in Africa
Since 2022, the number of data protection laws in Africa has been increasing steadily. And new laws create new compliance obligations. That’s why it is important for organisations that have a presence, or customers in Africa, to understand what data protection laws apply to them. As an organisation, if you are thinking about expanding your operations into Africa, there are several questions that you need to have answers to like:
1.Do you have to register as a data controller in that country?
2.Do you need any authorisation to process a particular type of personal data?
3.Are you allowed to transfer personal data out of the country to your head office?
The rise of so many digitally enabled markets in Africa means that more consumers are being asked to give access to their personal data, including financial, demographic, and geolocation facts.
As a result, the regulations governing the protection of personal data are becoming increasingly important. While many countries across Africa have adopted rules governing a generalized right to privacy (often in their constitutions), the adoption of laws governing the protection of personal data in the region has gone more slowly. Before 2016 (the year GDPR was enacted), only 16 of 55 nations had adopted specific data protection laws.?’
However. as of August 2020. that numbers had quickly risen to 31 countries
Figure 1: Total African countries with data protection laws by year, 2000–2020
Note: The list of countries with data protection laws are those that have passed data protection laws. This includes
countries with data protection laws which may not currently be in force or are only partially in force, as well as those currently in force. Sources were compiled by the author, and are noted in appendix A.
By 2019, most African nations had codified a data protection law, though some data protection laws are not yet in force; they often require the establishment of necessary regulations or regulatory authorities before enforcement (figure 2). Measured by GDP, a significant majority of the economy of the African Union is governed by data protection laws: in April 2020, with the addition of Egypt to the list of countries with data protection laws, more than 80 percent of the African economy was governed by such laws, either codified in law and in force or not yet in force
almost evenly split between laws adopted before and after GDPR’s adoption in 2016. Many countries in Central and East Africa have not adopted any major data protection regulations, apart from Kenya, Uganda, and Rwanda. In Southern Africa, there is an uneven patchwork of regulations. Several countries (South Africa, Botswana, Madagascar) have adopted data protection laws that are not currently in force, and no major countries in Southern Africa have adopted a data protection law after GDPR’s adoption. (South Africa is currently updating its data protection regulations, which were first promulgated in 2013.)
These laws differ substantially in a variety of ways. First, the scope of their coverage often diverges. So do definitions of what constitutes “personal” data (and whether there is a specific subset of “sensitive” personal data); the obligations of firms that hold or process personal data; and the structure of governance, such as whether to create a new enforcement agency or told it into the responsibilities of an existing agency. Additionally, penalties for noncompliance vary; some countries require only fines for noncompliance, while others can remove a firm’s legal ability.
The Main Privacy & Digital Security Challenges in Africa
Africa cyber security threats
Privacy is highly challenging to maintain in Africa. Africa register for various digital services after providing a huge amount of personal data or information. The collected data comprises bank details, cell phone numbers, name, address, date of birth, income, and even data about how much one spends. For most people, this is just a formality that they’re bound to perform before using a particular online service. However, why can services get such extensive access to personal data? While the situation in other countries is not ideal, it is not as severe.
Cyber criminals
African has been a sweet spot for cybercriminals 60% of Africa firms have witnessed attacks in 2018. The country had spent nearly $270 million on their cybersecurity infrastructure after that. Thus, data is being stolen, and the sad part is that none of the companies are properly reporting data theft and losses.
Ranking of cybercrimes in Africa
However, probably the biggest issue is the lack of information that consumers in Nigeria receive. Many countries have laws forcing companies to disclose data breaches, together with mitigation recommendations. However, such rules were not included in the Nigeria Data Protection Regulation (NDPR). Of course, breaches hurt reputations and might encourage consumers to look for other options in the market. Sadly, the secretive attitude does not help companies to go forward and learn from others’ mistakes.
Examples of Cybercrime in Africa
Cybercrimes in Africa is becoming too rampant .
Cybercrimes are not only limited to robbing someone of his money via the internet, it includes the following:
Hacking into a person’s computer or computer-related device.
2. Post pictures of underage children on social media.
3. Stealing one’s intellectual property.
4. Spying to obtain confidential information.
5. Impersonating a person through social media handles.
6. Use of one’s content without prior permission by the author.
7. Illegal mass surveillance.
8. Child grooming ultimately leads to child abuse or child trafficking etc.
Unfortunately, Cybercrime is a crime that affects everyone at all levels of life. It happens both to the elites and low-class persons at different levels regardless of their exposure.
Approach to cyber security issues in Africa: solution
1.Secure your accounts
Everyone should use a password manager to generate and remember different, complex passwords for every account — this is the most important thing people can do to protect their privacy and security today.
2. use of VPN:
VPN helps
1.When using unprotected public Wi-Fi networks to safeguard your data.
2.When secure access to internet networks and systems is required during remote work setups.
3.To protect oneself from websites, apps, and services aiming to track your actions.
4.To prevent your internet service provider or operator from monitoring your online activities.
5.To access information resources blocked by occupiers.
3.Use antivirus software on your computer
If your computer runs Windows 10, you should use Microsoft’s built-in software, Windows Defender. Windows Defender offers plenty of security for most people, and it’s the main antivirus option that we reached that conclusion after speaking with several experts.
4. More jobs should be created
The guys who do this dirty job of internet crime do it majorly because they want a better life either for themselves or a loved one, yet they do not want to be restricted to an 8 – 5 working schedule.
Creating a job for them that’ll suit their lifestyle could help them stay off crime.
5. More training
Africa is not the first continent to face Cybercrime, as such, cyber securities should partner with global cybersecurity agencies to ensure that they are adequately trained to rebel against criminals.
6. The masses should be enlightened
It is next to impossible to safeguard yourself against a misfortune in which you are ignorant of its existence. Proper and adequate sensitization should be given to every person at various levels to ensure that they become smart and guide themselves against the criminals who try to steal their joy via the internet.
How NYM Network Plays a Part in Nigeria privacy .
The necessity to protect privacy has grown crucial in an age of growing digitization and connectivity. Africa like many other continents presents particular difficulties in the area of privacy, including issues with data protection and surveillance. This essay examines how NYM Network, a top blockchain and infrastructure provider with a privacy-focused business model, may significantly advance privacy use cases in Nigeria.
1. Safe and Secure Online Transactions
Secure and private transactions are crucial in Africas developing digital economy. Financial transactions can be made anonymously thanks to mixnet technology from NYM Network. In a nation where maintaining financial privacy is essential, this is extremely helpful. With the knowledge that their financial information would stay private, it enables people and businesses to execute digital payments and transactions with confidence.
2. Defence Against Surveillance
Privacy issues go beyond data security, particularly in public areas. The technology from NYM Network can be used to shield people from unauthorised surveillance, such as facial recognition and location tracking. This proactive attitude to privacy protects individual liberties and freedoms.
3. NYM VPN
With NYM launching its VPN service, Africans will now have access to a reliable and robust privacy solution. One of the key advantages of using NYM’s VPN is the encryption it provides, which safeguards user data from hackers, ISPs, and other unauthorized entities. This means that users can browse the internet, send sensitive information, and access geo-restricted content without fearing any privacy breaches
4. Instruction and Information
In Africa, a major problem is the lack of public understanding of privacy rights. To spread the word about data protection best practises and privacy rights, NYM Network can cooperate with regional institutions and organisations. With the help of this educational programme, people will be better equipped to firmly defend their privacy rights.
5.Analysis and creation
NYM Network can invest in Analysis and creation of projects adapted to the local environment to address Africa’s distinct privacy challenges. In order to do this, creative solutions must be created taking into account the unique demands and concerns of the Nigerian populace.
Conclusion
In our increasingly digital age, privacy is a fundamental human right that needs to be protected. With its knowledge of privacy-enhancing technology and dedication to privacy advocacy, NYM Network can be a helpful partner in advancing privacy use cases in Africa By working with local stakeholders and utilising cutting-edge solutions, NYM Network can make a substantial contribution to the protection of privacy rights in Africa ensuring that people and organisations may use the internet with security and trust.
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