About

The digital revolution has accelerated and expanded the use of personal data. Thus, the collection and processing of personal data now play critical roles in diverse fields, including the digital economy, digital health, artificial intelligence, mobility, education, urbanization, electoral processes, social media, gaming, and security. In this regard, Covid-19 highlighted the impact of digital technology on healthcare delivery and the global economic recovery (e.g., health passes, remote work). However, the use of digital technology is not without risks to individuals and their fundamental rights. In recent years, numerous voices have raised concerns over the misuse of automated personal data processing. In the African context, these demands emphasize the need for regulation that is tailored to the continent’s specific needs and the defense of digital rights and freedoms.

In Africa, the regulation of personal data has evolved variably. Indeed, there are various normative instruments at national, regional, or continental levels, yet no genuine harmonization has been achieved. In this regard, the African Union Convention on Cybersecurity and the Protection of Personal Data of 27 June 2014, known as the Malabo Convention, sets out a model of harmonized frameworks for member countries.

Regionally, the disparities between geographical areas highlight the challenges of creating a coherent personal data protection mechanism. Thus, in West Africa, the ECOWAS Additional Act seems to offer a pragmatic response, while the rest of the continent faces difficulties in developing a common consensus framework.

This situation is partly due to the absence of domestic legislation in many African countries. Currently, just under 35 countries have personal data legislation.

Nevertheless, personal data is a major issue for Africa, not only because of its economic value but also about strengthening the rule of law and democracy. In this regard, the lack of a strong data management policy exposes African countries to a loss of sovereignty over this new resource. Thus, the weakness of data regulation could lead to significant economic losses in the face of competition from multinational digital companies, making Africa a “data haven” for data brokers to the detriment of local actors. Politically and socially, the weakness or absence of regulation leads to a lack of transparency in the state’s interventions and a loss of trust in government’s ability to address citizens’ core concerns. This situation can sometimes be detrimental to social peace and the exercise of certain constitutional rights, such as freedom of expression. Moreover, both at an individual and collective level, the issue of personal data refers to privacy and the need to protect it. However, this is a very complex challenge in the face of increasingly intrusive algorithms, platforms, and data-hungry applications.

Given the critical importance of a robust personal data protection strategy, African countries must design a harmonized model for safeguarding their citizens’ data.

This is the goal of this interventionist research project, which aspires to lay the groundwork for continent-wide knowledge production to inform the practice of personal data protection. This scientific approach aims to develop a decision-support tool to guide the formulation of public policies and/or community and legislative reforms in Africa.