Gov't to introduce law to protect privacy of Ugandans
Dec 01, 2014
Government has drafted a law meant to protect the privacy of Ugandans in cyberspace.
By Innocent Anguyo
Government has drafted a law meant to protect the privacy of Ugandans in cyberspace.
The draft law comes at a time when Uganda is experiencing a bevy of breaches of individual privacy during the gathering, processing, transmission, storage and use of personal data.
Dubbed "Draft Data Protection and Privacy Bill" the draft law is aimed at protecting the privacy of an individual and personal data by regulating the collection and processing of personal information; and to provide for the rights of the persons whose data is being collected and the obligations of the data collectors and processors.
It also aims to regulate the use or disclosure of personal information and for related matters.
Generally, this draft law is aimed at empowering Ugandans to have control over their personal information such as texts, images, sounds, and software.
The Bill comprehensively provides for- rights of persons whose data is collected and obligations of data collectors and data processors; and governance measures and procedures to administer, receive complaints and settle disputes.
It also provides for-guidance for data controllers and processors to protect data subjects; an enforcement mechanism that will allow individuals to enforce their rights and remedies for infringement of the rights of individuals.
The Bill has been drafted by the Ministry of Justice and Constitutional Affairs with support from the National Information Technology Authority Uganda (NITA-U), The Bill was presented by Alex Byaruhanga of the Ministry of Justice and Constitutional Affairs during a consultative stakeholders’ forum in Kampala.
Stella Alibateese, the Director Regulation and Legal Services, NITA-U said the draft Bill- is in conformity with the provisions of Article 27 of the Constitution (guarantees right to privacy); respects fundamental rights and freedoms of individuals and is in conformity with progress in other countries (EAC, EU, AU, and USA).
The draft Bill further requires that data subjects should be informed of-who the data controller is; the purpose of collecting the data; how long the data will be kept and any third parties to whom the data will be disclosed. Therefore, informed consent should be considered when data is acquired from persons.
Equally required by the Bill is that personal data should be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
However, the Bill makes exceptions for personal data obtained for defense or public security; prevention, investigation, indictment or prosecution of criminal offenses; population census and processing salaries, pensions, taxes, levies and other payments.
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