Abstract

This chapter evaluates Lesotho’s Data Protection Act 2011 (published as Act No.5 of 2012). A comparison of this Act with its neighbour, South Africa and Lesotho’s major trading partner is made. Comparison of this privacy law is also made to the African Union (AU) and Southern African Development Community (SADC) privacy frameworks because of two reasons: first, upon ratification, the AU Convention will bind Lesotho and second, the SADC Model law (though only soft law) is likely to influence data privacy law in Lesotho due to the requirement to restrict data transfer to a SADC member state who has not transposed the model law. Reference to the EU Data Protection Directive 95/46/EC is made from time to time because Lesotho’s privacy law makes provision for a legal infrastructure compatible with international best practices, and especially compliance with the EU Directive, since that will be a commercial link for data flows between the EU and the Kingdom of Lesotho.

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