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MANAGING ELECTRONIC MANAGING ELECTRONIC PRIVACY IN THE PRIVACY IN THE
TELECOM SUB-SECTOR: TELECOM SUB-SECTOR: THE UGANDAN THE UGANDAN PERSPECTIVE PERSPECTIVE
Elizabeth Martha Bakibinga
Senior Legislative Counsel
Parliament of Uganda
30th November 2004
Elizabeth Martha Bakibinga 2
FOCUS OF PAPERFOCUS OF PAPER
This paper focuses on -Legal aspects-the extraction of Calling Line
Identification (CLI), traffic and location data.
30th November 2004
Elizabeth Martha Bakibinga 3
‘‘In African culture the In African culture the community always comes first. community always comes first.
The individual is born out of The individual is born out of and into the community, and into the community,
therefore will always be part therefore will always be part of the community.’of the community.’
The Notion of Ubuntu and Communalism in African Educational Discourse-Elza Venter, Faculty of Education, University of South Africa.Published in Studies in Philosophy and Education 23 (2-3): 149-160, March, 2004 - May, 2004 Kluwer Academic Publishers
30th November 2004
Elizabeth Martha Bakibinga 4
UGANDA:COUNTRY UGANDA:COUNTRY PROFILEPROFILE Member of the East African Community
and part of the Great Lakes Region. Has a history of political turmoil, civil
strife, economic decline, bad governance and disregard of human rights.
Past 20 years show better governance and increasing respect for human rights.
Focus is more on abuse of right to life, property and freedom of association.
30th November 2004
Elizabeth Martha Bakibinga 5
IMPACT OF ICT IMPACT OF ICT REVOLUTION ON UGANDAREVOLUTION ON UGANDA
Dynamic increase in investment and utilisation of ICT.
Increased teledensity; improved facilities and services. increased geographical distribution of services.
National coverage is now 55 of the 56 districts in the country.
30th November 2004
Elizabeth Martha Bakibinga 6
Impact contd..Impact contd..
Transport and Communications sector has increased contribution to GDP from 5.9% in 2002/2003 to 6.3% in 2003/2004 due to new investments in telecommunications.
The burdens of the ICT revolution- excessive invasion of privacy an issue.
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Elizabeth Martha Bakibinga 7
Privacy in UgandaPrivacy in Uganda
Privacy in the African context greatly affected by the philosophical concepts of communalism and individualism.
African culture promotes communalism (‘It takes a village to raise a child.’, -
Ujamaa-collectiveness, Ubuntu - a philosophy that promotes the common good of society and includes humaneness as an essential element of human growth)
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Elizabeth Martha Bakibinga 8
Privacy in Uganda contd..Privacy in Uganda contd..
Great value has been placed upon communal fellowship which spills into private realm.
Philosophical concepts affect the evolution of societal norms that play a major role in appreciation and respect for human rights and freedoms
Individuals not keen on complaining about invasions.
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Elizabeth Martha Bakibinga 9
Privacy in Uganda contd..Privacy in Uganda contd..
Role Occupants-Law enforcement agencies e.g. Criminal
Investigation Directorate, Police Officers.-Security and Intelligence organs-Judicial officers:these sign the court orders
authorising release of traffic data-Telecom service providers have possession
of traffic data -Users:most are un-aware of their rights-
‘privacy myopia’.
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Elizabeth Martha Bakibinga 10
Legal ProvisionsLegal Provisions
Privacy regimes are under-developed in Africa resulting in communal considerations over-riding individual and absence of adequate legislation
Legal provisions do exist that affect and/or cater for the right to privacy, though some are not very express.
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Elizabeth Martha Bakibinga 11
Legal Provisions contd..Legal Provisions contd..
Constitution 1995 Art 27(2)- ‘No person shall be subjected to
interference with the privacy of that person's … communication….’
Art 50- Establishment of the Uganda Human Rights Commission
Art 79- Parliament to make laws, role of oversight over government.
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Elizabeth Martha Bakibinga 12
Legal Provisions contd..Legal Provisions contd..
Communications Act: An offence for an operator of a communications service or system or employer of the same to disclose any information in relation to a communication unless done in accordance with a court order or with originator’s consent.
Uganda Human Rights Commission Act:UHRC monitors activities in more contentious areas especially activities of security agencies.
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Elizabeth Martha Bakibinga 13
Legal Provisions contd..Legal Provisions contd..
Uganda Law Reform Commission Act Conducting research and making
proposals for the development of laws concerning legal issues in the electronic environment.
It is expected that research into the legal issues pertaining to electronic transactions will focus on e-privacy as well.
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Elizabeth Martha Bakibinga 14
Legal Provisions contd..Legal Provisions contd..
Suppression of Terrorism Act-permits interception of communications.
Law of Torts-invasion of privacy Uganda inherited her common law
system from the British colonial government.
No provision for the tort of invasion of privacy
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Elizabeth Martha Bakibinga 15
Legal Provisions contd..Legal Provisions contd..
The Universal Declaration of Human Rights- Article 12
International Covenant on Civil and Political Rights- Article 17
African Charter of Human and Peoples Rights –silent on the right to privacy.
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Elizabeth Martha Bakibinga 16
WeaknessesWeaknesses
Lack of guidelines on how to go about privacy issues
Emphasis on other rightsLack of a general law on privacyIgnorance and lack of awareness
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Elizabeth Martha Bakibinga 17
RecommendationsRecommendations
Personal data should be protected and treated as a priority.
Enactment of a law and policy on privacy that can regulate the collection, use and disclosure of personal information, also in the telecommunications sub-sector
Law enforcement officers need laws and guidelines to keep them in line with the requirements of privacy laws so as to prevent abuse
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Elizabeth Martha Bakibinga 18
Recommendations contd..Recommendations contd..
Telecommunications companies should develop privacy policies
raise awareness for customers through consumer organisations
boost the activities of complaints desks in telecommunications companies-with better capacity to address growing needs
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Elizabeth Martha Bakibinga 19
Recommendations contd..Recommendations contd..
More education and awareness raising of privacy as a right.
Capacity building for role occupants remains crucial in the area of legal issues pertaining to ICT including privacy concerns.
Legislation that encourages or permits superfluous invasion of privacy in both electronic and non-electronic form should be reviewed and amended.
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Elizabeth Martha Bakibinga 20
Recommendations contd..Recommendations contd..
Uganda Communications Commission should enforce standards of networks and monitor systems so to ensure that all systems are secure from leaks, illegal surveillance.
Need to commission studies to obtain perceptions of privacy within the Ugandan society
Regional efforts at harmonisation of telecommunications and electronic privacy laws and policies are necessary.
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Elizabeth Martha Bakibinga 21
Recommendations contd..Recommendations contd..
Parliament should make a special requirement for the Uganda Human Rights Commission to report on the state of privacy in Uganda to be able to develop benchmarks on the basis of which regulators can operate.
30th November 2004
Elizabeth Martha Bakibinga 22
ConclusionConclusion
Electronic privacy remains a challenge, as highly advanced privacy invasive technologies continue to emerge and evolve.
Only with collaborative efforts from all stakeholders can electronic privacy be achieved.
Given that it touches on deeply entrenched social constructs, the development of a privacy regime should not to result in conflict.
30th November 2004
Elizabeth Martha Bakibinga 23
THANK YOUTHANK YOU
Elizabeth Martha BakibingaSenior Legislative Counsel
Parliament of [email protected]