Privacy laws, designed ostensibly to protect individuals' personal information, often end up serving the interests of the wealthy, while hindering the development opportunities for the poor. In Namibia, as in many developing countries, this dynamic is particularly evident. The implementation and enforcement of privacy regulations can inadvertently create barriers that disproportionately affect the disadvantaged, who are in dire need of development initiatives and economic opportunities.
(Picture: New Era 28.02.2022)
The Dichotomy of Privacy Rights
The Namibian Constitution guarantees physical privacy, while informational privacy—protection of personal data—requires specific legislation. This includes the Data Protection Act, Privacy and Electronic Communications Regulations, and Freedom of Access to Information Act. These laws, while crucial in a modern society, often cater to those who already have access to digital services and the means to protect their privacy. For the poor, these laws can become an obstacle!
Access to Information and Development
Access to information is a cornerstone for development. Public access points, such as libraries and tele-centres, play a critical role in providing information and communication technology (ICT) access to underserved communities. However, stringent privacy laws can limit the ability of these centres to collect and use data necessary for improving and expanding their services. For instance, obtaining detailed user information can help in tailoring services to meet specific community needs, but privacy regulations may restrict this data collection, thus stymying efforts to enhance service delivery.
An example of this is the collection of data from subscribers under the legal obligation to register their SIM cards. While this can enhance security, etc. it was noted that the biggest cellular service provider (MTC) used this opportunity to insist on biometric data such as fingerprints and facial pictures (which is not a requirement under law) because they wanted to introduce a verification service to big business. Even the regulatory authority was ignored as no user could register without the additional biometric data being captured.
(https://www.namibian.com.na/biometric-data-collection-breaches-privacy-cran/)
The Wealthy and Informational Privacy
For the wealthy, privacy laws offer a shield against intrusion, ensuring that their personal and business information remains protected. They have the resources to enforce their privacy rights, often through legal avenues that the poor cannot afford. This creates an imbalance where the wealthy can operate in a protected environment, while the poor are left vulnerable to exploitation and exclusion from services that require personal information.
In June 2024, a no-scientific study was undertaken sending out a personalised sms, then an email, to over 10,000 tertiary students funded by the Namibian Students Assistance Fund (NSFAF) and the members of the Law Society of Namibia (LSN) (around 270 lawyers). In the SMS it was shown what personalised information was collected, namely surname, names, ID number, email address, physical and postal addresses and the email indicated that I was selling the information on the database for any person at N$ 10.00 each.
Unsurprisingly, I received over 50 calls, emails, etc from the legal fraternity some questioning my methods and motives for collecting what is publicly available information from the Law Society and even threatening me with court action. On the other hand, less than 10 students contacted me and all but one wanted to correct or enhance the data in the NamBiz Consumer Database.
The Burden on the Poor
The implementation of privacy laws often requires sophisticated infrastructure and regulatory frameworks, which can be burdensome for developing countries. In Namibia, the establishment of a central register to monitor and update economic and personal information is a step towards improving trust and economic activity. However, the process of maintaining such registers and ensuring compliance with privacy laws can be resource-intensive. For the poor, who may lack basic access to ICT, the benefits of such systems remain out of reach, while the costs of compliance add another layer of exclusion.
Barriers to Financial Inclusion
Financial inclusion is critical for poverty alleviation. Credit bureaux, which collect and disseminate credit information, are essential for extending credit to underserved populations. However, privacy regulations can impede the establishment of comprehensive credit reporting systems. In Namibia, the lack of a information on certain citizens who have never accessed banking services and are thus not recorded on the recently regulated credit bureau has led to high fees and interest rates to the poor, as banks find it difficult to assess risk accurately without reliable data. For the poor, this means limited access to affordable credit, perpetuating cycles of poverty.
Balancing Privacy and Development
To ensure that privacy laws do not hinder development, a balance must be struck. This involves crafting regulations that protect individuals' rights without preventing the potential benefits of data utilisation for development purposes. For instance, Namibia can look towards creating flexible data protection frameworks that allow for the responsible use of data in public access points and financial systems, ensuring that the benefits of privacy laws extend to all citizens, not just the wealthy.
Conclusion
Privacy laws are essential in protecting individuals' personal information, but they must be designed and implemented in a way that does not hinder the development opportunities for the poor. In Namibia, this balance is critical. By ensuring that privacy regulations are inclusive and do not create additional barriers for the disadvantaged, the country can foster an environment where development and privacy coexist, benefiting all sectors of society. It is imperative that policymakers consider the unique challenges faced by the poor, and craft privacy laws that support, rather than obstruct their path to development.
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