IGF 2022 WS #49 African Data Protection Landscape

Organizer 1: Mwenda Gitonga, Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ) Digital Transformation Center Kenya (DTC)
Organizer 2: Tamar Kaldani, CoE

Speaker 1: Mercy King'ori, Civil Society, African Group
Speaker 2: Kassait Immaculate, Government, African Group
Speaker 3: Nevana Ruzic, Civil Society, Eastern European Group

Moderator

Mwenda Gitonga, Government, African Group

Online Moderator

Tamar Kaldani, Intergovernmental Organization, Eastern European Group

Rapporteur

Tamar Kaldani, Intergovernmental Organization, Eastern European Group

Format

Panel - Auditorium - 60 Min

Policy Question(s)

1. The role of African DPAs and the challenges they are facing in safeguarding the data protection rights of individuals across the country, continent, and internationally.
2. The enablers and barriers, including legal, institutional and financial hurdles, for enforcement of the data protection laws by African DPAs
3. How can DPAs best cooperate on enforcing the rights and freedoms of individuals across the continent and internationally?

Connection with previous Messages:

SDGs

16.10
16.6
17.13
17.14
17.17


Targets: The proposal is linked to a number of SDG targets as the discussion aims to address the effectiveness, transparency, and accountability (target 16.6) of the African DPAs and the role of national supervisory authorities in protecting fundamental freedoms, including privacy and public access to information (target 16.10). Moreover, as DPAs as regulators play a key role in digitalization and sustainable developments in Africa, the panel aims also to discuss opportunities for policy coordination and policy coherence at the national, regional, and international levels (targets 17.13 and 17.14) and the role of the DPAs in encourage effective public, public-private and civil society partnerships (target 17.17).

Description:

Since the enactment of the first data protection law in Africa in 2001, 33 African states have adopted data protection laws, and at least five more are progressing with draft data protection bills. These developments are shaped by regional and international data protection frameworks and emerging needs related to digital transformation and the development of data-driven economies.
African Data Protection Authorities (DPAs), both well-established and nascent, have to play a key role in promoting data protection awareness and compliance, ensuring and fair balance between all interests concerned, whether public or private, and the rights and freedoms at stake, and fostering regulatory convergence and cross-border cooperation. This is particularly important in an environment of the growing use of disruptive technologies where privacy awareness is still a challenge, and cross-border cooperation has become a necessity to ensure effective data protection at scale.
Many African states have already found a suitable model, while others are still exploring alternatives for establishing supervisory authorities. The majority opted to have specialized DPAs, which may be a single commissioner or a collegiate body, while some states leave the enforcement of the privacy laws up to Ministries or sector-specific regulators. While not unique to the African continent, the trend of having data protection laws for several years before establishing a regulatory body applies to many countries in Africa.
The panel will discuss the role of African DPAs play in striking the right balance between pressing demands for personal data processing in the digital age and individuals’ privacy, ensuring regulatory convergence and cross-border cooperation. It will also explore models, practices, incentives, and challenges for establishing independent and fully operational DPAs and effective enforcement mechanisms.

Expected Outcomes

This panel will contribute to the following themes of IGF 2022:
Governing Data and Protecting Privacy
Addressing Advanced Technologies, including AI
Connecting All People and Safeguarding Human Rights
The panel will bring to the attention of the various stakeholders, including international actors, governments, businesses, and civil society organizations, the positive developments in implementing and enforcing the data protection laws in Africa.
As many states (in Africa and beyond), are still exploring an appropriate model for setting up the national Data Protection Authorities, this session will contribute to the conversations by offering a general overview of the DPA models as well as perspectives and insights of 3 African DPAs with different institutional set-ups.
Moreover, the panel will discuss how African DPAs keep pace with technological development, including in the field of AI. It will also address regional and international cooperation for enforcing the rights and freedoms of individuals and convergence in privacy standards

Hybrid Format: To increase online participation and interest, organizers will distribute via different platforms the information about the panel discussion and how participants can join the Official Online Participation Platform. This is through our established social media channels and the channels of the panelist.
To provide the best possible experience for the online and on-site participants, at least 15 minutes will be reserved for the Q&A session, and the moderator will ensure that participants have equal opportunities to contribute. We will also be having interactive questions and polls where we will ask the audience to participate and give their views.
The organizers will test the system to check the quality of connectivity at least two times before the workshop.
The organizers will also be preparing and sharing snippets and tweets online of what the speakers are saying to generate interest.
The organizer will also distribute e-flyers with links to join the panel online ahead of the discussions. This will be done through various social media platforms

Online Participation



Usage of IGF Official Tool.