Legislation for informational privacy in Namibia

The ability to save information on a computer (for example in the central register) will also necessitate new legislation to be promulgated. These laws are especially necessary in our Information and Communication enabled society where information is stored on electronic retrieval systems.

Legislation for informational privacy

The Namibian Constitution states in Article 13 Privacy:
“(1) No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.”

The Constitution thus guarantees only “Physical Privacy”. The storage of personal and business information (“Informational Privacy”) must have legislation that will prevent misuse of this information. In addition, the individual in Namibia must be able to access any, and all, information that is stored by the state (public institutions).

There are thus things that are needed to guarantee informational privacy:
1. Data Protection Act;
2. Privacy and Electronic Communications Regulations;
3. Freedom of Access to Information Act

Data Protection Act
The Data Protection Act gives you the right to know (access) the information being held on you. It also sets certain key principles that anyone who handles personal information must comply with. The Act also establishes an Information Commissioner. The data covered is any information which can be used to identify a living person. This includes names, birthdays, addresses and other contact details. It only refers to information stored on computers.

The key principles of the Act must include:
• Data may only be used for the specific purpose that it was collected;
• Data may not be shared with others without permission of the individual whom such information is about – unless there is a legitimate reason;
• It is illegal for other parties to obtain this information without permission;
• Individuals have the right to the information about them subject to certain conditions;
• Personal information should not be kept longer than necessary;
• All businesses that collect personal information must register with the Commissioner; and
• Incorrect information must be corrected when it is brought to the attention of the data storage business.

Privacy and Electronic Communications Regulations
These regulations must control the people that wish to send out electronic direct marketing, for example email and text messages (SMS). Individuals have the right to refuse unsolicited marketing messages (“junk mail”) by fax, phone email and text message. Companies and organisations have the right to refuse marketing messages by phone or fax.

A register needs to be created to store the individuals and companies that refuse to receive such marketing messages.

Freedom of Access to Information Act
The Constitutions states in Article 95 Promotion of the Welfare of the People:
“… (e) ensurance that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law;”

This Act must give the individual the right to obtain information being held by the state (public institutions) unless there are good reasons that such information should be kept confidential. These institutions include government departments, regional and local government as well as schools. (The access to information held by private institutions is expected to be covered by the Data Protection Act.)

Induction Training for Parliamentarians

As part fo the run-up to our national elections, we have to consider the induction training that parliamentarians should be getting.

As a nation we must understand and respect the institutions which propose debate and make our laws. Too many times I have heard people say “these politicians – they are only in it for what they can get”. The Parliament has as its duty the education of the citizens in how we can make use of them to improve our daily lives. Essentially, I would like to see private citizens being able to propose laws to their representatives and have these submitted in Parliament. Unfortunately most of us accept that our laws are submitted by bureaucrats (government employees) working under the orders of the Minster involved. Thus in fact not separating the executive from the legislature, but rather having the parliament become a rubber stamp for decisions made by the ruling party and its ministers.

We also have to recognise that being a Member of Parliament is a way for an individual to contribute his or her experience for the improvement of our country, rather than a career path. In recent times we have seen young people become members of parliament only to be caught up in acts which bring disrepute to the institution. This can only be corrected if members of parliament have reached a certain amount of material independence to allow them to vote for what they think is right, and not what will ensure their present income.

I propose the Parliament Administration create a school for potential parliamentarians. This can be done during the recess periods and will allow interested persons to gain first-hand experience on what would be expected from them if they enter the Parliament.