This document discusses several options for African data protection and privacy policies, including: 1. Constitutional rights and implementing international conventions or models for informational privacy rights. 2. Regional Economic Community agreements like ECOWAS and SADC models as well as proposed policies focused on issues like data justice, group privacy, discrimination, and representation. 3. Key drivers for developing new policies including national interests, economic cooperation, innovation, and changing social views shaped by technology and globalization. Areas of focus could include education, consent, humanitarian assistance, and consumer protection to encourage development.

1. Image: WAX STORIES (2019) Fondation Zinsou, Cotonou, Benin

3. Images: UK Children’s Commissioner (2018)

4. Image: Audrey Watters

8. African data protection and
privacy policy options
Constitutional rights
Privacy and data protection rights in national
constitutions
Development by constitutional courts from national
and international law
Informational privacy rights
Implementation of international
conventions or models
Council of Europe Cybercrime and Convention 108+
Asia-Pacific Economic Cooperation-style limited
"accountability" rules or "Privacy Shields"/Cross-Border
Privacy Rules - problems with Japan/EU adequacy
Comprehensive national DP laws aimed at EU
adequacy (Makulilo, ed., 2016)
AU cybersecurity and data protection convention
Regional Economic Community
agreementsECOWAS Supplementary Act A/SA.1/01/10
SADC Data Protection Model Law 2012
EAC Legal Framework for Cyber Laws 2008
Commonwealth model laws
Adoption by national human rights bodies of African
Declaration on Internet Rights and Freedoms
Trade and justice
cooperation rules
Sectoral protection
and geneticsHealth
National ID and biometrics
Humanitarian aid
Finance and fintech (inc. mobile money)
Telecoms (inc. SIM registration)
Africa-relevant
policy options
(adapted
from Taylor 2017)
Data justice
Extended family, communities and
peoples-focused rights;
(Taylor, Floridi and van der
Sloot, eds, 2017)
group
privacy
Rights to control and benefit from
exploitation of personal data eg
data trusts/stewards
Right not to be discriminated
against, and to challenge bias
Right to be counted
and represented
New "Abe" process at G20
EuroMed partnership
Extended "Five Eyes" (Murray and Fussey
2019), US Terrorist Identity Datamart sharing etc.
mass surveillance
Policy priorities Literacy, agency (levels of education,
civil society (Gramsci, Zakaria) and
informed consent
Humanitarian assistance
and refugee identity
Innovation, appropriation, and "leap-
frogging" advanced economies
(Mwakatumbula et al. 2019) and
Consumer protection
competition
Drivers: national self-determination; EU adequacy and
cooperation; innovation, trust, and development; changing
individual views, shaped by new tech, urbanisation,
Western cultural imports, capitalism (Makulilo 2016)
UN ICCPR, UPR, HRCmte General Comments
Future ACHR, CoE and Venice Commission decisions
Inter-Governmental Org policies eg Red Cross, UN
HCR (Kuner; digital harm - Martin, statelessness -
Taylor, WFP/Palantir, Accenture, connectivity - UNHCR)
Genetic prospecting
Pharma testing
Elections and microtargeting ( 2018,
2018)
ICO
Electoral Commission
Asylum/criminal justice cooperation, EU
primary and secondary law implications Ian Brown, 12 Oct 2020