Africa’s Multilateral Legal Framework on Personal Data Security: What Prospects for the Digital Environment?

Abstract

As the African continent continues to embrace technological innovations and corresponding infrastructures like the Internet of Things, certain concerns have been raised as regards the security risks related to critical ICT network infrastructures in the continent, as well as the safeguarding of the fundamental rights of Africans through the protection of their personal data, especially those shared online. One of such concerns is personal data security, which becomes more crucial as huge amounts of sensitive personal data are increasingly generated across the continent, especially with the proliferation of mobile banking. In response to these developments, African intergovernmental organizations have developed legal frameworks on personal data protection: the Economic Community of West African States (ECOWAS) has adopted a Supplementary Data Protection Act, while the African Union (AU) has adopted a Convention on Cyber Security and Personal Data Protection. However, while other aspects of data protection law are more or less addressed in these instruments, relatively very little focus is put on managing and safeguarding personal data security.