The African judicial fraternity is advocating for data sovereignty as judiciaries across the continent increasingly embrace digital transformation.
The position places the legal sector alongside other industries and stakeholders pushing for countries to govern, process and store their data within their own borders to safeguard economic and digital independence.
The call came at the recently concluded 15th annual Africa Internet Governance Forum, held in Accra, Ghana.
A highlight of the four-day forum, which concluded on Thursday, was the inaugural African Judicial Dialogue on Internet Governance.
The dialogue brought together judges from across Africa to examine the legal and policy implications of the continent's rapidly evolving digital landscape.
Discussions covered artificial intelligence (AI), cybersecurity, digital evidence, data protection, platform governance, digital rights and other legal challenges arising from digital transformation.
The dialogue aimed to strengthen judicial engagement in internet governance processes, promote peer learning across African jurisdictions and advance rights-based, secure and trusted digital governance across the continent.
Counsellor Adel Maged, vice-president of the Egyptian Court of Cassation, presented the judiciary's position at the closing session.
He said: “Efforts must be made to enable courts to protect sensitive digital data and understand the implications of the technologies entrusted with reprocessing them. Courts need to know where that information is stored, who can access it and whether it may be retained, transferred or reused.”
Maged introduced the concept of what he termed judicial digital sovereignty.
The dialogue's final session also brought legislators into the discussions.
“Their perspectives enriched the exchange and helped us explore how legislators and the judiciary can contribute within their respective mandate to responsible governance and regulation of AI,” he said.
Maged said another outcome was unanimous agreement on his proposal to develop African guidelines on the use of AI in courts, drawing on the expertise of African specialists and addressing the continent's specific needs.
“The proposed guidelines would draw on relevant international experience while responding to Africa's diverse legal traditions, judicial needs and institutional capacities,” he said.
Maged said an informed and empowered judiciary was essential to protecting fundamental freedoms in the age of algorithms.
“May the legacy of this judicial dialogue be enduring cooperation among our courts, a stronger African voice in AI governance and regulation and greater protection for every person who turns to our courts for justice,” he concluded.
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