Flaws in Cameroon’s data protection bill spark concerns
Digital rights activists and advocacy groups have welcomed a draft bill on personal data protection tabled to parliament by the Cameroonian government, but have highlighted several shortcomings to be addressed before it’s signed into law.
The bill, which seeks to establish a comprehensive legal framework for the processing and protection of personal data in the country, was adopted by MPs in a plenary session on 26 November, at the National Assembly in Yaounde.
The bill would have to be promulgated into law by the president before it becomes binding.
Pan-African digital rights organisation, Paradigm Initiative (PIN), said the bill represents a critical step forward in protecting privacy in an era dominated by data-driven technologies. However, the body expressed worries over the independence of the Personal Data Protection Authority, which will be established as a result of the bill.
PIN said the appointment of the Authority by the president puts to question its ability to operate without political influence, which is crucial for impartial enforcement.
“Similarly, the provision under Section 9(2) allowing the waiver of consent for tasks deemed in the ‘public interest,’ including matters of health, lacks sufficient safeguards,” PIN said in a statement. It warned that the lack of judicial oversight or clearer definitions risk resulting in the clause being misinterpreted or misused.
Khadijah El-Usman, Senior Programmes officer, Anglophone Africa at Paradigm Initiative, said: “Cameroon’s Personal Data Protection Bill is a significant achievement and demonstrates a growing recognition of the need for strong data protection frameworks across Africa.
“We urge legislators to address the ambiguities in the bill and ensure its implementation is backed by adequate capacity to monitor compliance and protect citizens from data exploitation which includes but is not limited to financial independence.”
Bamenda-based digital rights activist, Colbert Gwain, a key proponent of the bill, said: “The bill lacks the necessary safeguards for the protection and safety of citizens online. It's not enough to protect the personal data of citizens online. It's critical to protect their safety as they generate the data.”
Gwain added that the bill doesn’t addresses issues of access and affordability, especially in marginalised communities.
He said it would be better to have a more comprehensive digital rights bill for the country, rather than having separate pieces of legislation, such as a law on cyber criminality and cyber security, banking secrecy law, online child protection, hate speech law, and the law on medical practice.