IGF 2020 WS #188 Privacy & Pandemic’s: Developing Privacy Laws and Policies

Thematic Track

Organizer 1: Pria Chetty, EndCode
Organizer 2: Amanda Manyame, EndCode
Organizer 3: Alon Alon Alkalay, EndCode (Pty) Ltd

Speaker 1: Constantine Bitwayiki, Private Sector, African Group
Speaker 2: Sizwe Snail, Private Sector, African Group
Speaker 3: Pria Chetty, Private Sector, African Group

Moderator

Pria Chetty, Private Sector, African Group

Online Moderator

Pria Chetty, Private Sector, African Group

Rapporteur

Amanda Manyame, Private Sector, African Group

Format

Other - 90 Min
Format description: Other/Breakout Group Discussion: We will utilise a 90 minute breakout group discussion that follows the following format: 1. 25 minute expert introduction / overview (5 minutes per Chair/expert); 2. 60 minute discussion (3 rotations of 20 minutes each); and 3. 15 minute wrap-up and conclusions.

Policy Question(s)

1. How can the right to privacy in Article 12 of the United Nations Declaration of Human Right be protected and enforced in nation states who do not have national privacy frameworks / who have outdated or inadequate privacy frameworks? 2. How can we provide for the systematic protection of women, trans and gender diverse people's personal data, during and after a pandemic? 3. To what extent can African privacy-law frameworks be harmonised post-COVID-19 to strengthen the right to privacy on a continental level? 4. How can privacy-respecting track-and-trace systems be designed and implemented in an African context, considering the lack of access to technological devices/ the low internet penetration in Africa?

Through our Workshop, we intend to address the following issues/challenges/opportunities: - The opportunity to raise awareness on the importance of strong, adequate privacy frameworks; - The issue of state surveillance activities carrying over into a post-pandemic Africa; - The opportunity to push for deeper harmonization of African privacy frameworks; - The challenge of ensuring that privacy-laws are designed with reference to disadvantaged groups (including woman and gender-diverse persons);

SDGs

GOAL 4: Quality Education
GOAL 5: Gender Equality
GOAL 8: Decent Work and Economic Growth
GOAL 9: Industry, Innovation and Infrastructure
GOAL 10: Reduced Inequalities
GOAL 16: Peace, Justice and Strong Institutions

Description:

Privacy & Pandemic’s: Developing Privacy Laws and Policies in a Post-COVID-19 Africa: Content: This Workshop will be focussed around the intersection between privacy rights and state surveillance during pandemics. The content will consider the current privacy law framework in Africa, the importance of agile privacy frameworks, and some novel principles that may be incorporated into privacy frameworks to protect privacy whilst allowing governments to take necessary measures in the public interest. Agenda: 1. 25 minute expert introduction / overview (5 minutes per Chair/expert); 2. 60 minute discussion (3 rotations of 20 minutes each); and 3. 15 minute wrap-up and conclusions. Methodology: Consult speakers and prepare and plan the content to be included in the introductions, the outcomes and objectives of the session and how to incorporate relevant references into the session discussion. As a breakaway session, the intention is an interactive engaging session that affords policymakers a platform to discuss this emerging topic and share experiences and approaches. The Chair will prepare questions to stimulate discussions and encourage discussions to align with the objectives of the breakaway session.

Expected Outcomes

The expected outcome of the Workshop is to have created a forum for a multi-stakeholder discussion on privacy issues, both generally, and in the context of the COVID-19 pandemic. The pandemic has brought to light the need for privacy-frameworks on a national level, as well as harmonization on regional and continental levels. It is an expected outcome that the take-aways from the Workshop may inform and stimulate novel policy stances of various-stakeholders including academia, civil society and government. The output would include a Report on the discussions and take-aways in the Workshop.

The agenda and methodology for the Session is as follows: 1. 25 minute expert introduction / overview (5 minutes per Chair/expert); 2. 60 minute discussion (3 rotations of 20 minutes each); and 3. 15 minute wrap-up and conclusions. Consult speakers and prepare and plan the content to be included in the introductions, the outcomes and objectives of the session and how to incorporate relevant references into the session discussion. The expert introductions will be designed to be stimulating and thought-provoking, open to diversified responses. As a breakaway session, the intention is an interactive engaging session that affords policymakers a platform to discuss this emerging topic and share experiences and approaches. The Chair will prepare questions to stimulate discussions and encourage discussions to align with the objectives of the breakaway session.

Relevance to Internet Governance: Privacy is deeply intertwined with participation in the digital economy and in digital society as a whole. In our Workshop, we are providing a platform for a multi-stakeholder discussion on privacy. This Workshop is relevant to Internet Governance in the sense that privacy is a foundational right that ought to be protected for all stakeholders when using the internet. We seek to discuss the adequacy of current privacy principles, norms and rules in Africa and bring attention to the multi-stakeholder opinions and perspectives.

Relevance to Theme: The proposed workshop session aligns with the data track theme. The workshop topic and content consider themes including: data; privacy; surveillance; privacy-by-design; gender; digital identity and data-driven emerging technologies. The proposed workshop will contribute to the data track narrative by: 1. Creating a contextual awareness of the current status of data privacy laws in Africa (including what regional and continental privacy-frameworks exist in Africa); 2. Highlighting privacy-issues that have arisen during the COVID-19 pandemic and that have potential to remain post-pandemic without adequate privacy-frameworks; 3. Gathering opinions on best-approaches to inclusive, African-centric privacy frameworks.

Online Participation

 

Usage of IGF Official Tool. Additional Tools proposed: Possibly: if need be, we may utilise Platforms like Zoom to facilitate multiple-virtual room discussions.