Privacy Laws: Hindrance to Development for the Poor

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.

______________________________________________________

This essay reflects Milton Louw's perspective on privacy laws and their impact on development, as discussed in his writings. It emphasises the need for inclusive privacy regulations that do not disproportionately disadvantage the poor while protecting the informational rights of all citizens.

What public-private collaboration model project can work in Namibia?

In Namibia, public-private collaboration models can be effectively applied across various sectors to address infrastructure gaps, improve public services, and stimulate economic growth. Most of the proposals on a public-private collaboration model, often referred to as a public-private partnership (PPP), have been out to the Namibian Government since 1994 when I was still working at the United Nations Industrial Organisations' (UNIDO) Investment Service in Paris, France.

Nevertheless, with little help from ChatGPT, let's look at them again.

1. Infrastructure Development:

Project: Upgrading and Expanding the Transport Network

Description: Develop new roads, highways, and bridges to improve connectivity between rural and urban areas.

- Model: Build-Operate-Transfer (BOT)

- Benefits: Improved transportation infrastructure can boost trade, tourism, and accessibility to remote areas, enhancing economic activities and integration.

2. Energy Sector:

Project: Renewable Energy Plants

Description: Establish solar and wind energy plants to increase the share of renewable energy in the national grid.

Model: Build-Own-Operate (BOO)

Benefits: Diversifying the energy mix reduces dependency on fossil fuels, promotes sustainable development, and can provide reliable power to underserved regions.

3. Water and Sanitation:

Project: Water Supply and Management Systems

Description: Develop water treatment plants and distribution networks to ensure clean water supply in urban and rural areas.

Model: Design-Build-Finance-Operate (DBFO)

Benefits: Improved water supply and sanitation can enhance public health, support agriculture, and mitigate the effects of droughts.

4. Healthcare:

Project: Modernization of Healthcare Facilities

Description: Upgrade and construct hospitals and clinics with modern equipment and technologies.

Model: Public-Private Partnership (PPP) with performance-based payments

Benefits: Enhanced healthcare infrastructure and services can lead to better health outcomes, reduced travel for medical services, and improved quality of life.

5. Education:

Project: Building and Operating Technical and Vocational Training Institutes

Description: Develop institutions that provide vocational and technical training to address skill gaps in the workforce.

Model: Build-Operate-Transfer (BOT)

Benefits: Improving vocational training can equip the workforce with essential skills, reduce unemployment, and support economic diversification.

6. Tourism:

Project: Development of Eco-Tourism Facilities

Description: Establish eco-friendly lodges, parks, and tourism infrastructure in natural reserves and conservation areas.

Model: Concession

Benefits: Promotes sustainable tourism, generates revenue, creates jobs, and supports conservation efforts.

7. ICT and Digital Infrastructure:

Project: National Broadband Network Expansion

Description: Expand broadband internet access to rural and underserved areas.

Model: Design-Build-Finance-Operate (DBFO)

Benefits: Improved internet access can facilitate digital inclusion, support e-government services, enhance education and healthcare delivery, and boost the digital economy.

8. Agriculture:

Project: Irrigation and Agro-Processing Facilities

Description: Develop irrigation systems and agro-processing units to support smallholder farmers.

Model: Public-Private Partnership (PPP) with shared investments

Benefits: Enhances agricultural productivity, adds value to agricultural products, reduces post-harvest losses, and increases farmers' incomes.

Steps for Implementation:

1. Feasibility Studies: Conduct thorough feasibility studies to assess the viability, potential impacts, and benefits of the proposed projects.

2. Stakeholder Engagement: Engage with key stakeholders, including government agencies, private sector partners, local communities, and international donors.

3. Regulatory Framework: Ensure a robust legal and regulatory framework to facilitate and govern PPP projects, providing clarity and confidence to investors.

4. Transparent Bidding Process: Implement a transparent and competitive bidding process to select private partners.

5. Contract Management: Develop clear and enforceable contracts outlining roles, responsibilities, risk-sharing arrangements, and performance metrics.

6. Monitoring and Evaluation: Establish mechanisms for continuous monitoring and evaluation to ensure project objectives are met and to address any issues that arise.

These projects can leverage Namibia's resources and potential, fostering sustainable development and improving the quality of life for its citizens.

Why do some people think Basters come from Cape Coloured and German ancestors?

 I once again have read the "fact" that Basters come from Germans. There is more German blood in Herero families than Basters.

I quote from https://minorityrights.org:

Basters, a mixed-race Afrikaans-speaking community, are descendants of groups that migrated in the nineteenth century from the Cape in South Africa to settle at Rehoboth, south of Windhoek. Though far less marginalized than some other communities, many Basters have a strong sense of minority identity. They are currently estimated at numbering around 55,000, though there are no official statistics on the Baster population.

HISTORICAL CONTEXT

Groups of mixed-race South Africans migrated from the Cape to settle at Rehoboth, south of Windhoek, in 1868, where they displaced Nama people and rapidly established their own institutions. Even under German and South African colonial rule, Basters maintained broad autonomy. In 1872, Basters declared their own republic and were able to maintain a certain level of autonomy throughout both the German and South African occupations of Namibia.

Overview of the laws of Namibia since 1990 to 2024

 Since gaining independence in 1990, Namibia has established a comprehensive legal framework characterised by its Constitution, which serves as the supreme law of the country. Here are key highlights of Namibian laws and legal developments since 1990:

The Namibian Constitution

• Adoption and Structure: The Constitution, adopted on March 21, 1990, lays the foundation for Namibia’s legal system. It consists of 21 chapters and 148 articles, covering various aspects of governance, fundamental rights, and state principles  .

• Fundamental Rights: Chapter 3 guarantees fundamental human rights and freedoms, including the right to life, liberty, and human dignity. It also protects against discrimination and ensures freedom of speech, assembly, and association .

• Government Structure: The Constitution establishes Namibia as a sovereign, secular, democratic, and unitary state. It delineates the roles and powers of the President, the Cabinet, the National Assembly, and the National Council  .

• Amendments: The Constitution has been amended to increase the size of Parliament and improve representation, particularly regarding gender equality. For instance, the National Assembly expanded from 78 to 104 seats, and the National Council from 26 to 42 seats .

Legislative Developments

• Statutory Laws: Namibia’s statutory laws encompass various fields, including criminal law, civil law, and administrative law. Key statutes have been enacted to address issues such as land reform, environmental protection, and economic regulation .

• Common Law and Customary Law: Besides statutory law, Namibia also recognizes common law and customary law. Common law is based on Roman-Dutch law, while customary law pertains to the traditions and practices of indigenous communities, provided they do not conflict with constitutional principles .

• International Law: Namibia is committed to international law, incorporating international treaties and conventions into its domestic legal system. This includes human rights treaties and agreements on environmental protection .

Key Legal Reforms

• Gender Equality: Significant strides have been made toward gender equality. The Constitution and subsequent laws promote equal rights for women, addressing issues such as representation in government and protection against gender-based violence  .

• Land Reform: Land reform has been a critical issue since independence, aiming to redress historical inequalities in land ownership. Policies and laws have been implemented to facilitate land redistribution and improve access to land for disadvantaged communities  .

• Environmental Protection: Namibia has enacted laws to safeguard its rich biodiversity and natural resources. Environmental legislation includes measures to manage wildlife conservation, protect ecosystems, and ensure sustainable development .

These laws and reforms reflect Namibia’s commitment to building a just, equitable, and sustainable society. For more detailed information, you can refer to sources like the Legal Assistance Centre and the Namibian Constitution on platforms like Wikipedia and other legal databases  .

Proposing a "sin tax" on cellular companies due to distraction causing vehicle accidents

 The concept of a "sin tax" typically applies to products or activities considered harmful or undesirable, such as tobacco, alcohol, and gambling. Charging cellular companies a sin tax would be unconventional and would require a strong justification.

Arguments For

1. Public Health and Safety: If the use of mobile phones is proven to cause significant health risks (e.g., distractions leading to accidents), this could justify a sin tax.
2. Environmental Concerns: Mobile phones contribute to electronic waste. A sin tax could incentivize companies to adopt more sustainable practices.
3. Market Regulation: A sin tax could potentially curb excessive marketing practices or monopolistic behaviors if deemed harmful to consumers.

Arguments Against

1. Essential Service: Mobile phones are considered essential for communication, business, education, and emergency services. Taxing them could disproportionately affect lower-income individuals.
2. Economic Impact: The telecommunications industry is a significant contributor to the economy. Additional taxes could hinder growth and innovation.
3. Justification and Implementation: Justifying a sin tax on cellular companies would be challenging. Implementation would require clear criteria to define the "sinful" aspects of their operations.

Alternatives

• Environmental Fees: Instead of a sin tax, imposing fees related to environmental impact and e-waste management might be more appropriate.
• Health and Safety Regulations: Implementing stricter regulations to address health and safety concerns without additional taxation.
• Digital Access Fund: A small levy on cellular services could fund programs to improve digital access and literacy without labeling it a sin tax.

Conclusion

While a sin tax on cellular companies is not a standard approach, there might be alternative measures to address concerns related to health, safety, and environmental impact. Such measures should be carefully designed to balance the benefits with potential drawbacks to consumers and the industry.