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Data legislation, governance and policy/Abraham M Keetshabe

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Botswana 30-31 October 2017

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Data legislation, governance and policy/Abraham M Keetshabe

  1. 1. 1 NATIONAL WORKSHOP ON OPEN DATA OPEN SCIENCE, GABORONE, BOTSWANA UNIVERSITY OF BOTSWANA CONFERENCE CENTRE 30 OCTOBER 2017 DATA LEGISLATION, GOVERNANCE AND POLICY Presented by: Adv. Abraham M Keetshabe Attorney General of Botswana
  2. 2. National ICT Policy The development of the National ICT Policy of Botswana actively involved a wide range of participants from the public and private sectors, as well as the civil society. A National Steering Committee and seven Taskforces, comprising experts from around the country, were established to assist in developing the policy. The Taskforces examined effective application of ICT in the following 7 areas: • Community Access and Development • Government • Learning • Health • Economic Development and Growth of the ICT Sector • Infrastructure and Security • Legislation and Policy. 2
  3. 3. 3  Maitlamo, Botswana’s National Information and Communications Policy was approved by the National Assembly in August 2007.  Policy provides Botswana with a clear and compelling roadmap that will drive social, economic, cultural and political transformation in the years ahead through the effective use of ICT.  Policy supported Vision 2016 and still supports the current Vision 2036.  The Policy acts as an enabler for economic growth and national development of Botswana. .  Policy provides that national connectivity will help draw communities closer together and facilitate economic growth and development in all regions of the country. Batswana will have access to data and information that will assist them in their everyday lives.  On-line information on employment, community development, healthcare, education and government services all feature prominently in the Policy’s recommendations. Increased levels of e-commerce will enable local companies to compete in the global marketplace, and the development of a vibrant and entrepreneurial ICT sector will create further employment, greater economic diversification and boost investor confidence. Background
  4. 4. Maitlamo Pillars 4 ICTsinHomesandCommunities Learning&HRDevelopment e-Government e-Health TechnicalInfrastructure LegislativeInfrastructure National Connectivity ICTDrivenEconomicDevelopment
  5. 5. 5 Paragraph 6.8.5 of the Maitlamo Policy provides that:  “Specific initiatives for the Connectivity Laws and Policies Programme include:  Media neutral legislation to deal with electronic documents (e-Commerce legislation);  Amendments to specific legislation, including the Criminal Procedure and Evidence Act, the Authentication of Documents Act, and the Foreign Documents Evidence Act;  Development of policy and possibly legislation dealing with electronic signatures; and   Development of policy and possibly a combination of legislation and  industry codes of conduct to deal with the protection of personal privacy,  particularly in the context of cross-border data flow, health care and  financial services and transactions.”  The Botswana Government e-Legislation programme gives meaning to this Policy. Maitlamo on Legislative Infrastructure
  6. 6. 6 Development of legal & regulatory framework is at embryonic stage, work having started in earnest in the year 2010.
  7. 7. 7 March 1 – May 7, 2010  May 12 -28, 2010 Jun 1 – 30, 2010 Jul 2 – 30, 2010 ICT Policy and Legislative Framework Development Management Checkpoint • Gain feedback on  the identified lists • Gain feedback on  benchmark and  study tour report • Gain feedback on  prioritised list Preparation for Drafting •Identify key stakeholders •Review Terms and Conditions for e-Legislation  Advisory and Consulting Services •Train stakeholders on drafting procedures •Engage lead Ministry  on a one-to-one discussions to  clarify their roles •Appoint task force for various legislation •Agree on drafting schedules Identification of Policies and Legal  Instruments •List of existing policies and  laws •List of policies and laws requiring revision •List of new laws and policies  to be developed Prepare benchmark and study  tour report •Review  presentations and documents •Highlight lessons learnt and  recommendations •Prioritise identified policies and legislation • Finalised list  of  key  stakeholders • Task Teams  • Agreed  drafting  schedules Capacity Building for the Legislative  drafters • Develop training plan and secure funding On Going Well Completed Delayed Not started
  8. 8. 8 PHASE I   Data Protection – new legislation required – ongoing.  Electronic Commerce - new legislation required – done.  Electronic signatures - new legislation required – done. These 2 have been combined to generate the Electronic Communications and Transactions Act.  Cybercrime and Computer Related Crimes Act – review existing Act – ongoing.  Electronic Evidence Bill – review existing Bill – done and enacted. Botswana Government e-Legislation  Priorities
  9. 9. 9  The availability of data has increased exponentially during the last couple of decades. Notice the term used is data, not information.  The term information implies that data has been analyzed in a clear and useful manner. Good information always contains good data.  Since some data is collected without any defined goal in mind, not all data can result in useful information. Data
  10. 10. 10  The Dictionary defines the word “data” simply as facts and statistics collected together for reference or analysis.  The 2012 African Union (AU) Convention on Cyber Security in Africa provides the following legal definition for the below listed types of data:  “Personal data” – any information relating to an identified or identifiable natural person by which this person can be identified , directly or indirectly in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.  “Sensitive data” – all personal data relating to religious, philosophical, political and trade-union opinions and activities, as well as to sex life or race, health, social measures, legal proceedings and penal or administrative sanctions.  “Health data”- all information relating to the physical or mental state of the data subject, including the aforementioned genetic data.  “Data subject” – any natural person that is the subject of personal data processing. WHAT IS DATA?
  11. 11. Personal Data Protection  The Government of Botswana recognises that the introduction of electronic commerce and e-services will bring about increased opportunities for the abuse of personal data. For this reason, the drafting of the Data Protection Act has been identified as a priority.  A draft of the Bill has been completed and consultations are ongoing.  Examples of "personal data" are: address, national identity card, credit card number, bank statements, criminal record, etc.  Main purpose of data protection legislation is to ensure that personal data is not processed without the knowledge and, except in certain cases, the consent of the data subject;  To ensure that personal data which is processed is accurate, and to enforce a set of standards for the processing of such information.  This legislation sets out principles of good information handling so as to guarantee the protection of personal information. It protects the individual’s right to privacy with respect to the processing of data and ensures that personal data is only processed in accordance with set requirements. 11
  12. 12. Principles of Personal Data Protection The Bill covers the well known principles of personal data protection:  Personal data is processed fairly and lawfully;  Personal data is always processed in accordance with good practice;  Personal data is only collected for specific, explicitly stated and legitimate purpose;  Personal data is not processed for any purpose which is incompatible with that for which the information was originally collected;  Personal data that is processed is adequate and relevant in relation to the purposes of processing;  Personal data that is processed is correct, and if necessary, up to date;  All reasonable measures are taken to complete, correct, block or erase data to the extent that such data is incomplete or incorrect, having regard to the purposes for which they are processed;  Data Collectors such as educational institutions, employers and banks are obliged to inform individuals of the reasons for collecting information about them; that individuals are assured that the data collected will not be used for any purpose other than that which has been specified by the data collector; that explicit consent from individuals is necessary in order to process sensitive personal data (data that reveals race, ethnic origin, political opinion, religious or philosophical beliefs, health, sex life); 12
  13. 13. Data Regulatory Authority  The Office of Commissioner of Data Protection be established and amongst others, the Commissioner be responsible for supervising implementation and enforcement of the Data Protection Act, with particular emphasis on ensuring that the individual’s right to privacy is protected and upheld and that processing is done in such a way that data is secure as well as to guard against unauthorised access, alteration, disclosure, destruction of personal data and that it is processed in a manner consistent with the law.  Further, the law seeks to establish a Tribunal whose primary function is to hear appeals from any person aggrieved by a decision of the Commissioner of Data Protection. 13
  14. 14. CONCLUSION  While Botswana is somehow behind in enacting legislation on personal data protection, there is some measureable progress in the sense that the drafting of the Bill has been completed. The process of presenting this Bill to Parliament is ongoing.  Cyber security by its nature transcends all boundaries. There is need to adopt a multinational approach that will bring together all countries irrespective of distance.  This calls for appropriate coordination and collaboration as well as uniformity in procedures and processes. Notably, there are various means of achieving this crucial exercise; and these should be explored.  Botswana, or any other country, cannot succeed in the implementation of its ICT Policy unless cogent action, in terms of legislation, is taken to deal with these issues. 14
  15. 15. VISION 2036 ACHIEVING PROSPERITY FOR ALL 15 Questions and/or Answers THANK YOU

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