Description:

Since the enactment of the first data protection law in Africa in 2001, 33 African states have adopted data protection laws, and at least five more are progressing with draft data protection bills. These developments are shaped by regional and international data protection frameworks and emerging needs related to digital transformation and the development of data-driven economies.
African Data Protection Authorities (DPAs), both well-established and nascent, have to play a key role in promoting data protection awareness and compliance, ensuring and fair balance between all interests concerned, whether public or private, and the rights and freedoms at stake, and fostering regulatory convergence and cross-border cooperation. This is particularly important in an environment of the growing use of disruptive technologies where privacy awareness is still a challenge, and cross-border cooperation has become a necessity to ensure effective data protection at scale.
Many African states have already found a suitable model, while others are still exploring alternatives for establishing supervisory authorities. The majority opted to have specialized DPAs, which may be a single commissioner or a collegiate body, while some states leave the enforcement of the privacy laws up to Ministries or sector-specific regulators. While not unique to the African continent, the trend of having data protection laws for several years before establishing a regulatory body applies to many countries in Africa.
The panel will discuss the role of African DPAs play in striking the right balance between pressing demands for personal data processing in the digital age and individuals’ privacy, ensuring regulatory convergence and cross-border cooperation. It will also explore models, practices, incentives, and challenges for establishing independent and fully operational DPAs and effective enforcement mechanisms.