Cape Town as a smart and safe city: implications for governance and data privacy

Abstract

... Promises abound that ‘smart city’ technologies could play a major role in developing safer, more sustainable, and equitable cities, creating paragons of democracy.1 There are concerns, however, that the development and governance of such cities based on ‘Big Data’ processes mark the beginning of an entrenched encroachment on the individual’s autonomy, liberty, and privacy. This apprehensiveness persists in the relevant literature despite reassurances from policy-makers and others that the implementation of these systems is in the public interest, eg countering crime and ensuring public safety. The focus of this article concerns the use of smart city systems for achieving the latter. More specifically, it is a case study of the key initiatives undertaken by the municipal authorities of the city of Cape Town to achieve these legitimate aims. The examination begins by addressing what constitutes a ‘smart and safe’ city and its role within the achievement of the UN’s Sustainable Development Goals. Subsequently, this section outlines and considers the concerns that public authorities should be giving greater consideration to the overall implications of smart city technologies for society, particularly with respect to data privacy and good governance. Part three then explores Cape Town’s overall smart city framework and how its historical development has shaped and influenced ‘EPIC’ (Emergency Police Incident Control)—its current smart and safe city programme. The analysis in part four draws from these findings in its examination of the implications posed by these policies and initiatives for governance and compliance with the right to data privacy, as guaranteed by the Constitution of South Africa, and the national statutory framework governing data protection. In conclusion, the article provides some reflections on the critical findings from this legal analysis, including some potential solutions and policy recommendations relevant to the future governance and reform of this smart and safe city programme.