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.)

Child of Africa

My brother and I once lived together as one
But life was bad for me back then
You see, he’s white while I’m not
But, these are all rules set but mortal men
And I’ve often wondered why they said such thing,
Things that really hurt me deep inside,
While they pretended they were kings.
Now I’ve come to realize that they lied
Because we are all equal
And even though our skins don’t match
Everybody should be entitled to follow his own will
But if I said this, the jail door behind me they’d latch!

Now, I know these words may not mean a lot
But the truth is, they all I’ve still got.

Brotherhood among us

Can’t we all come and meet each other
And no matter what colour we may be
Be able to show we love one another
And then together we’ll stand, you and me
The leaders of Tomorrow,
Planning for what is to come
Otherwise there will be lots of needless sorrow
Over killing which are quite dumb.

So come closer now and grab my hand
And we’ll accept each other as brothers
And then together we’ll be able to stand
To show our Father and Mothers
We want to plan for a common future
No matter what our race, colour or culture.

Why??

“Look at me my white brothers
Come closer to me
And show you care about the others
By letting us all live free”

This request may sound funny
But you all are enjoying your lives
While we struggle for money
So we can feed our children and wives

Now I know what the laws are
But they are really quite unfair
And so if you’ll lift the colour Bar
It will prove you really care.

So now that you’ve heard my cry
Go home and ask yourselves; Why?

Something Read – Something Said!

I always wanted to be a writer
And this is something I’ll be I’m sure
But the problem is what to write about
So people will sit up and take head.

That is why I wish my skin was whiter
So people will stop thinking they are more pure
Because they are wrong have no doubt
As we were all created equal
And that’s why I wrote this poem:
So everyone the truth can read!