Cyber bill should promote and protect digital rights
Law & Rights, News & Media
Following the gazetting of the Cybersecurity and Data Protection Bill, MISA Zimbabwe convened a capacity-building workshop on the proposed law in Harare on 16 June 2020 with parliamentarians during which it highlighted its concerns with some of its provisions.
The parliamentarians were drawn from the Portfolio Committees on ICT, Postal and Courier Services, and that of Information, Media and Broadcasting Services.
The workshop was aimed at enlightening parliamentarians on the Bill's contentious provisions and their potential to limit the enjoyment of fundamental rights such as the right to free expression, access to information, media freedom and privacy.
Discussions also focused on international standards and best practice pertaining to cybersecurity and data protection laws and how these are implemented and enforced for purposes of safeguarding fundamental rights.
It was highlighted that best practice was to separate cybersecurity and data protection as standalone laws respectively.
MISA Zimbabwe National Director Tabani Moyo urged the parliamentarians to close ranks from the narrow party-political interests towards the making of modern laws that are responsive to the interests of the peoples of Zimbabwe.
He said when parliament is done with the Bill, the final product should promote and protect digital rights. Moyo said Parliament should not allow for the merging of three entities: Cybersecurity Centre, Data Protection Authority and Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) as it will compromise the citizens' right to privacy as espoused under Section 57 of the Constitution of Zimbabwe.
He also paid tribute to the Parliament of Zimbabwe, specifically the Portfolio Committee on Media Information and Broadcasting Services for the priceless role it played in fine-tuning the Freedom of Information Bill (FoI), which now awaits signing into law by the President.
"I call upon esteemed members of Parliament to summon the same spirit that guided you in engagements on the Freedom of Information Bill, towards defending the right to privacy, which is under threat…" said Moyo.
Acting Chairperson of the Portfolio Committee on ICT, Postal and Courier Services, Honourable Ability Gandawa, in his opening remarks, noted that modern data protection laws with robust safeguards were central to securing the public's trust and confidence in the use of personal information within the digital economy, delivery of public services and the fight against crimes.
The following recommendations were thus agreed upon as an action plan for further engagements relating to the Bill:
The Committees will assess the possibility of separating the two components of cybersecurity and data protection into two separate pieces of legislation as has been done in other jurisdictions such as South Africa and Kenya. This is meant to cater to the extent to which the law will amend other existing laws, also taking into account the practical challenges of implementing laws that have public and private application.
Through technical support from MISA Zimbabwe, the Committees will also consider how the Bill can be strengthened through adopting acceptable and clear definitions on some of the terms such as 'consent', 'code of conduct' and 'personal and private information', among others. The Bill should also define non-defined and ambiguous terms like 'national interest', 'public interest', 'pseudonymisation' and 'anonymisation', among others.
It was also recommended that the law should consider removing the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ), as the Data Protection Authority and the Cyber Security Centre. This should be done to avoid creating a super-administrative authority with unfettered powers and access to data while also reporting to the Executive.
There is a need for harmonisation of the Bill with other existing legislation as the data aspect does not only relate to online data but also offline data. It was also noted that the Bill had the potential of duplicating certain offences, for instance, on the communication of false information, among other aspects.
While the Bill allows for the use of remote forensic tools like keystroke logging, it is recommended that the Bill should have measures in place to regulate the use of such far-reaching technology and also provide for judicial oversight in that regard.
The Bill should also clearly highlight the principles for data protection and privacy which include lawfulness, fairness, data accuracy, accountability and transparency as they constitute the foundation of the Data Protection Authority's mandate. As it stands, the principles are scattered in the Bill thus making it a complicated read.
Following its signing into law by the President, the Bill should not immediately come into operation, but instead have transitional provisions to allow for compliance and regulatory reform within an agreed timeframe. Practical implementation of this law will require putting in place organisational and technical measures that cater to its provisions. In South Africa, a period of 12 months was given before the law became operational. The European Union's General Data Protection Regulations became operational after two years.
Noting that the Bill criminalises free speech, it was highlighted that in terms of international standards civil remedies are more appropriate and those criminal penalties should be of last resort. In instances where criminal sanctions are inevitable, the penalty should not be so stiff in a manner that promotes self-censorship and infringes on free expression.
The Bill should be clearly elaborated where it concerns the protection of the rights of data subjects, which include the right to information, the right to erasure or the right to be forgotten and the right to access to information, among others.
Meanwhile, following the workshop with the parliamentarians, MISA Zimbabwe on 17 June 2020, met the Deputy Minister of Information Communication Technology, Postal and Courier Services, Honorable Dingimuzi Phuti, during which it discussed its key concerns relating to the Bill.
MISA Zimbabwe appreciates the opportunity it was granted by the parliamentarians and the deputy minister to engage and discuss the contents of the Bill and hopes due diligence and consideration will be paid to the concerns raised during the engagements.
Source: MISA
previousThe next wave of consumer advocacy
nextUPDATED: Angry man cleans toilet with Dendairy milk
Do you have more information on this story? Get in touch using the form below.
Zimbabwe teachers to boycott work over pay, demand COVID-19 allowance
Stability of prices brings relief
Dendairy takes Facebook critic to court
Categories Select Category Administration Advertising Airlines Appliances Banks Bureaucracy Business & Finances Cars, Parts & Vehicles Cellular Service Providers Change Citizenship & Immigration Computers & Accessories Consumer Electronics Department Stoes Doctors Editorial Electricity Entertainment Export Fast Food Featured Food For The Win Furniture Government Harare News Health & Beauty Health & Life Insurance Hoaxes Internet Providers Internet Services Landlines Landlords Law & Rights Lawyers and Attorneys Learning Mobile & Cell Phones Mobile Internet News News & Media Non-profit Organizations Online Shopping Other Police Products & Services Real Estate Rentals Restaurants Retail Stores Savings & Investments Social Networks Taking The Piss Tax Services Telecommunications Telemarketing Tips & Tricks Traffic Problems Travel & Vacations Unauthorized Charges Uncategorized Unsolicited Phone Calls Utility Services Video Websites
Archives Select Month September 2020 August 2020 July 2020 June 2020 January 2020 December 2019 October 2019 May 2019 June 2017 May 2017 April 2017 January 2017 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 April 2014 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010
Comments code
© 2020 CONSUMERIZIM