We are excited to present to our audience the second volume of the African Journal on Privacy and Data Protection. Building on the gains and achievements of the first volume, the second volume presents six articles that interrogate and reflect on the continuously evolving dimension of privacy and data protection in diverse areas of Africa’s evolving digital landscape. Areas interrogated by scholarship in this volume include African data protection enforcement mechanisms; access to information and privacy rights; children’s rights to privacy; persons with disabilities; and artificial intelligence algorithm discrimination; and so forth. Just as in the first volume, the jurisdictional scope of the articles in this volume is also truly African and diverse. The volume features scholarship from South Africa, Kenya, Tanzania and Nigeria, among others.
In the face of the exponential increase of Africa’s internet users projected to reach 1,1 billion in 2029 and the growing concern of personal data protection in Africa in the era of surveillance capitalism and digital colonialism, Raji and others analysed and evaluated African data protection laws enforcement mechanisms in the first article. By analysing the data protection laws of 20 African countries, the authors identified unique trends, common patterns and best practices that may serve as a guide to inform reform options and practices of critical stakeholders involved in data collection and processing in African countries and ultimately shape future regional policy and data protection laws and practices. The article closes a significant gap existing on the topic that hitherto has been focused on summarising individual countries’ data protection frameworks and/or comparing these to the European Union (EU) General Data Protection Regulation.
In the second article Genga makes important arguments about the protection of the rights of persons with disabilities (PWDs) in the era of the proliferation of the use of artificial intelligence (AI). The author observed that although the advent of and widespread use of AI have and continue to enhance the quality of life and participation of PWDs in society, AI algorithm discrimination concerns have become significant for PWDs because of the uptake of the use of AI in sectors where PWDs have historically encountered and continue to encounter discrimination and exclusion. The author notes that one of the few ways in which AI algorithm discriminations can be engaged is through data protection laws. Consequently, the author interrogated the adequacy of Kenya’s and South Africa’s data protection frameworks in protecting PWDs from AI algorithm discrimination. The scholar found that although both frameworks attempt to engage the challenge, they did not adequately reflect or implement the transparency and explainabilty principles in the use of AI and, consequently, are unable to adequately protect the rights of PWDs from AI algorithm discrimination.
Simiyu, in the third article, also uses Kenya and South Africa as case studies. The author interrogates the conflict and potential collision between the rights to privacy and access to information in the current digital age, especially during elections and electioneering processes in Africa. The scholar analysed and assessed the extent to which relevant international, regional and domestic frameworks mediate the conflicts between the two rights in Africa, and notes that the effective implementation of the frameworks and mediation of the potential collision between the two rights rests on enforcement actors of which the judiciary is paramount. The scholar found that while regional frameworks impressively advance access to information, there are gaps with regard to the protection of the corresponding rights of privacy and data protection. Simiyu underscores the importance of a holistic reading of international, regional and domestic frameworks in balancing the conflicts between the two rights, and concludes that both South Africa’s and Kenya’s frameworks and courts fare much better in the balancing and mediation of the potential collision between the two rights.
In the fourth article Babalola takes an excursion into history and interrogates the origin of the right to privacy in Nigeria’s constitutional regime. Although there is some literature that attempted to trace the origin of the right in Nigeria’s constitutional frameworks, there are inconsistencies in the academic accounts. Through a review of relevant case law and authoritative constitutional documents, Babalola traces the constitutional origin of privacy in Nigeria to the Schedule of the 1954 (Lyttleton) Constitution. The article arguably puts the controversy regarding the origin of privacy in Nigeria to rest and highlights the influence of the European Convention on Human Rights on Nigeria’s constitutional rights development.
The last two articles underscore the growing importance of African children’s rights to privacy and online protection in the current digital age. In their article, Joseph and Mwakisiki set the proper foundation for this discussion within the context of the continuous evolution of Africa’s digital landscape. The authors conduct a comprehensive review of international and regional frameworks for the protection of the right to privacy and protection of personal data of children.
They thereafter undertake a critical assessment of Tanzania’s domestic frameworks. They identified several loopholes and exceptions that can be exploited by perpetrators to violate children’s rights to privacy and safety in cyberspace. The authors also highlighted the vital roles of the courts in bridging the ever-present and widening gaps between the development of the law and technology towards more effective protection of children’s rights to privacy and safety in cyberspace.
Finally, Arowolo in her article conducts an extensive review of international, regional and comparative foreign law frameworks for the protection of the privacy, data protection and safety of children online. In light of the frameworks reviewed, Arowolo assesses the extent to which children’s rights to privacy, data protection and safety online are protected under Nigeria’s and South Africa’s regulatory frameworks. The scholar evaluated and specifically compared Nigeria’s and South Africa’s frameworks and case law with the frameworks of the EU and United States and case law in order to deduce insights and lessons. Arowolo finds that although both Nigeria and South Africa have made significant progress in safeguarding the privacy and safety of children online, the regulatory frameworks remain below the standards required by international law and African regional norms. She advances suggestions to bridge the gaps in the existing laws.
Without a doubt, all contributions in this volume align with and advance the objectives of the Journal in significant ways. The editorial board extends its profound gratitude to the scholars and experts who graciously peer reviewed articles in this volume in order to ensure the quality of the Journal. We look forward to working with you again in the future.
Dr Akinola E. Akintayo
Editor-in-chief
March 2025