Government urges compliance as Data Protection Act approaches implementation

The Ministry of Technology and Science has announced that the Data Protection Act, which was enacted in 2021, will take effect in April 2024.

 

The Act aims to prevent the unlawful use, collection, processing, transmission, and storage of personal information, thereby safeguarding individuals' right to privacy.

 

Speaking during the Infratel Media Engagement this morning, Ministry Data Protection Commissioner, Likando Luywa underscored the importance of compliance with the act, stating that the commission's role is not to enforce it in a punitive manner.

Pictures courtesy of Infratel Media

 

Mr Luywa said while the commission has the power to apprehend those who violate the act, it wants to ensure that entities adhere to regulations.

 

"The Data Protection Act was enacted in 2021 and this was as a result of the African Union Commission Malabo convention which was held in 2014 on Cyber security and data protection. The AU's convention was as a result of data protection trends that were happening in the EU and the First World. Currently, 33 out of 55 African states have enacted some data protection laws but only 13 African countries in Africa have authorities and commissions that are mandated to effectively regulate data. In the case of Zambia, we are not working in isolation, we are working with other regulators that have some parts to play. We have Zambia Information and Communications Technology Authority-ZICTA the Bank of Zambia, we have Financial Intelligence Centre and ourselves to ensure. In all these institutions there is a common ingredient which is data, and thats where the Data Commission comes in to harmonise to ensure that we regulate this sphere. The functions of the commission are enforcement and investigation. For enforcement, we are not there to enforce the wrong part of the act but what we are saying is that can we comply. If we comply with how we use data will not have a problem. If anything our mandate is not to come in and punish any entity but to ensure that there is compliance with how data is supposed to be used.

 

Mr Luywa has encouraged entities to phase out their data centres in their institutions and Start utilizing centres such as Infratel which are specialized to provide such services in order to reduce the cost in terms of manpower and security.

 

He said the Commission plans to conduct annual audits for entities to ensure adherence to data protection guidelines regarding usage, storage, and transmission.

 

"Our use of data in the country is quite on the low side, the way it is being stored, the way it is being handled and the way it is being secured everything about that is low and that is what we want to regulate and ensure that we up our game to a level where we says your data is secured we are truly committed to our word. And this is where partners like Infratel come in. We have no reason why data should be stored outside the borders of Zambia when we have Infratel which has invested a lot in infrastructure and we believe that they are capable of storing and securing your data without any fear."

 

Mr Luywa urged entities to comply with the act and refrain from actions that could lead to conflicts with the law further emphasizing that resorting to arrests for those violating the law is the last resort for the commission.

 

In his welcoming remarks, Infratel's Chief Executive Officer Evans Silawe revealed that the company has invested over 10 million Kwacha in cyber security infrastructure. 

 

Dr.Silawe added that the firm is constructing a modern Security Operations Center with another 10 million Kwacha slated for investment in 2024.

 

He stated that the significance of adopting a culture that puts a premium on data privacy and security compliance cannot be overstated.

 

"In today’s digital world, data is the most valuable asset for any business and is now a critical factor in the determination of well-managed and successful businesses. Data can help companies make better decisions, optimize their operations, reduce costs, and improve customer satisfaction. Conversely, when mishandled, data can cripple a business. Data is collected through various methods, be it through online portals, mobile applications, manual forms, or contract engagement processes," he said.

 

Dr.Silawe said, "Data protection through secure storage, accurate processing and retention are key measures that the Data Protection Act 2021 espouses."

 

Meanwhile, in his presentation, Infratel Chief Information Officer Zeko Mbumwae disclosed that Infratel has over 1253 communication towers and operates three-tier data centres in Zambia.

 

"Infratel offers Tower and Data Centre Services to the Public and Private Sector, provides Microsoft Azure Stack as part of a Multi-Cloud Approach and has 88-percent Market Share in Data Centre Services."

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The Author (Christopher Chisi) is a Zambian journalist and an active member of the Media Institute of Southern Africa(MISA) Zambia. He is currently employed by 5FM-Radio Zambia (89.9 FM), a prominent adult contemporary radio station in Zambia. With over five years of dedicated work experience in radio reporting, Christopher has earned numerous accolades, totaling at least 20 media awards.

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