African personal data protection legislation steadily advance
09:30, August 19, 2022 Source: "China Social Sciences", August 19, 2022, Issue 2474 Author: This reporter Liu Peng

In recent years,With the rapid development of the Internet industry and the follow -up of government regulations,Personal information and data protection issues become hot spots for academic research globally。Chinese scholars have published a lot of research results,Both Chinese and foreign comparative studies,There is also an explanation of Chinese issues,I have proposed a lot of operable suggestions。Relatively speaking,The domestic academic community is more familiar with the relevant legislation of the European Union and the United States,But pay less attention to the system and practice of the third world countries such as Europe and the United States, especially in Africa。The latest published "Global Privacy Law Review" magazine organized a special paper on the legislation and practice of African data protection and practice,The African solution for data protection from multiple dimensions。

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Editor -in -chief of the Global Privacy Law Review、Professor Ceyhun Necati Pehlivan, a professor at the Spanish IE Law School, explained the background of African data protection legislation in the editor's words。He thinks,Africa's data transformation is on the road,Africa's personal data protection system Although slowly,But the pace is stable。Enter the 21st century,Internet users in Africa grow rapidly,The African telecommunications market has created the world's fastest growth rate。It is expected to be 2025,E -commerce will account for 10%of Africa's largest retail industry in Africa,Online sales will reach $ 75 billion。With the rapid development of the digital economy,Personal data protection is becoming more and more important in Africa。

The magazine specially invited editor、Professor BORIS PAAL at the University of Leipzig, Germany, from the perspective of emerging business model,reveals the necessity of legislation on personal data protection。He thinks,Over the past 20 years,Emerging business models inspired by data collection and storage,major changes in the development of economic and society,bet365 live casino games And this change will continue。Digital economy has huge innovation and growth potential: new technical selection、Innovative business model、More effective service commitment process、Global growth and social prosperity。So,Digital and platform economy has become a priority issue in the political agenda in recent years。But,Digital economy presents complexity in many fields,Develop a coherent legal regulatory framework for it,Become a challenging task。

  Four levels of African personal data protection legislation

Legislation is the highest form of institutionalization,The rules and systems of personal data protection,Only rising to the legal level,will better play a better play、Guide、Incentive and other functions。From the perspective of the world,About personal data protection,EU is the community of unified legislation,and accumulated a wealth of relevant relevant law enforcement judicial experience。As early as 1995,EU passed the "Data Protection instruction"。2018,EU began to implement the "General Data Protection Regulations",This regulation has become an important benchmark for data protection legislation globally。Some African countries have also established their own personal data protection legal system。

Patricia Boshe、Moritz Hennemann、 Ricarda Von Meding (Ricarda Von Meding) conducted a detailed study of the current personal data protection legislation and policy of African countries。They think,Development of the personal data protection system in the African mainland,It should be implemented in the EU "Data Protection instruction"。Starting from 2001,Most African countries drafted and implemented data protection laws close to EU legislation,31 African countries have fine European -style data protection laws。At the same time,The hard and soft law mechanism of the non -alliance and the African regional economic community is also in response to the EU's legal framework。The first ten years in the 21st century,Fine data protection legal framework has begun to expand from African and African regional economic communities to independent member states。From the perspective of legal origin,Current African data protection law can be divided into four levels。

The first level is the data protection law at Bet365 lotto review the domestic law level。Data protection law at the domestic law level in African countries,First of all constitutional,Followed by data protection legislation。At the constitutional level,Before 2001,Personal data protection of African countries is guaranteed only through the privacy of constitutional rights。Current,Many African countries have increased independent personal data protection clauses,Amended or modified the above clauses。In terms of data protection legislation,2001,The horns of Buddha became the first African country to use fine framework to protect data。Other countries are like a horror,It also adopted a similar data protection framework based on the EU mechanism。As of March 2021,In African countries,31 countries have fine data protection frameworks,Two countries have developed a departmental law for protecting personal data,and the laws of most countries have begun to be implemented。

The second level is the legal initiative of data protection at the level of regional economic community。Africa has 8 recognized regional economic communities,Among them, there are 4 of them with a data protection framework,Economic community of West African countries、East Africa Community、Southern Africa Development Community and China -Africa Economic Community。The legal initiative on data protection developed by them,Cover the concept of data protection、Applicable range、Principles of data protection、Obligation of the controller、The rights of the data subject and the rules of cross -border data flow。

Legal initiative except the regional economic community level,This reporter also noticed,2015,Chinese President Xi Jinping proposed "Four Principles" and "Five -point Proficiency" at the 2nd World Internet Conference,Promote the maintenance of network space peace and security,Respect network sovereignty,Promote the establishment of the fate community of network space,Contributing Chinese wisdom to the global Internet development governance、Chinese Plan。In the background of the current era,The importance and urgency of building a community of the network space is more prominent。August 2021,"Together Development,Share safety,The theme of the China -Africa Internet Development and Cooperation Forum, which is the theme of creating a community of bet365 live casino games destiny community of network space.。Zhuang Rongwen, Director of the National Internet Information Office of China, proposed that China initiated "China -Africa Jointly Constructing the Destiny of the Fate of the Network Space" in the opening ceremony of the forum (hereinafter referred to as "initiative")。This initiative includes the content of strengthening data security management and personal information protection,and standard data collection、Storage、Use、Processing、Transmission、Provide、Public、Delete and other behaviors,Guarantee personal information rights,Carry out data security and personal information protection and related rules、Standard international exchanges and cooperation,Promoting the personal information protection rules and standards that meet the purpose of the UN Charter。It is advocated that enterprises must not preset backdoor in information technology equipment、Malicious code, etc.,Do not use the product、Convenient conditions for service stealing data。China welcomes Africa's support and participating in the "Global Data Security Initiative"。It can foresee,This initiative will play a positive role in the legislative legislation of African personal data。

The third level is the data protection law at the African League level。​​The main data protection tools at the non -alliance level are the Convention on Network Security and Personal Data Protection (also known as the Malabo Convention)。"Marabo Convention" was adopted as a comprehensive data protection framework in 2014,It has established three regulatory systems: electronic transaction、Data protection and network security。In terms of data protection,The Malabo Convention is designed to coordinate the data protection framework of the AU member states,Protecting privacy and promoting information free flow。

The fourth level is the standard for data protection。In addition to the level of protection of the African and African regional economic community,Some African countries,Ru Buddha's horns、Mauritius、Morocco、Senegal et al.,By joining the European Council's "Personal Protection Convention on Personal Data Automation" (Convention No. 108),Realized the expansion of personal data protection standards。

  The dynamic development system for building the digital economy

Personal data protection bet365 best casino games legislation is a complex legislative activity,You need to consider various factors and its balance between each other,What factors have the legislative considerations in African countries,What kind of choice did you make,It is worthy of special attention in the academic community。Boris Par believes,For the regulation and governance of African personal data protection,The most important question is how to regulate and apply what kind of policy。Patricia · Boshe and others think,Data Protection Law is rising globally,The global pursuit of the appropriate data protection system is still continuing。Ideally,Data protection law may make appropriate restrictions on data processors due to different cultural backgrounds,Balanced threats and opportunities。

Bowei Pal thinks,From the perspective of the digital economy,The legal system is at least two aspects: on the one hand,The legal framework is used to limit the processing of data and its economic use。Data Protection and Copyright Law ensure this。On the other hand,Related regulations should establish reliable specifications for the legitimate processing of data,to create prerequisite for the normal operation of market transactions。About possible solutions,The recent discussion has shifted from data rights (about "data property" or "data ownership") to the promise to provide higher data availability mechanisms,Especially in terms of data access rights and data sharing tools。

Many participants have realized the importance of digitalization and their opportunities for business and social development,Therefore,They are already actively digging the huge potential of digital technology。From the perspective of regulation,The dynamic development system to build the digital economy is the focus。In this case,People must keep in mind that the digital economy is subject to its own conditions and laws,Must understand and consider these conditions and laws,To design and implement a coherent and powerful concept of regulatory concepts。Deep understanding of how to operate the digital market,It is a necessary prerequisite for proper regulation of the digital economy。

Bowei Pal thinks,Large data companies operate internationally,And has provided services to many countries,This is why the data protection of bet365 best casino games a person needs to adopt international methods in many cases。On the one hand,This is to ensure that the legal framework will not damage the right to select cross -border activities。On the other hand,To ensure that the company will not (excessive) use the differences and loopholes in the legal framework,Especially in the legal system of the taxation of digital companies。

  Develop more flexible and systematic legal regulations

Optimize the regulation of personal data protection,Is the legislature、Questions that the industry and academic circles care together。The rapid development of digital technology,Make a challenge to personal data protection regulations。Boris Par believes,The phenomenon of "system digitalization" currently appears,Through network structure、Artificial intelligence and machine learning,Established an independent、Highly complex、Inherent open system and platform。Where,Due to decentralization and system openness,The ownership of legal responsibility often face institutional restrictions。

other,The concept of digital landscape design based on demand and future -oriented digital landscape,Can't stay at the perspective of neutral technical regulations。Because,Whether it is the development of new technologies、The business model of innovation is still a type of data processing,The impact on the entire society mainly depends on the purpose and environment of these tools。Therefore,Digital regulations must be included and fully reflect the personal interests and needs involved,and the principles and values ​​determined by the constitution and basic rights。

What changes will bring in the progress of the current is still to be observed。But,The well -known "competition as a discovery process" concept is suitable for the digital economy and data economy in a very special way: the competition of technological achievements and innovative business models continues to generate new knowledge,To open up new opportunities and activities areas。Digital dynamic development has proposed huge challenges for the country and society,Unpredictable changes often occur in this process。Therefore,Legal regulations need to be optimized accordingly,It must have higher flexibility and systematic,Turn the perspective from a single problem and individual bet365 live casino games measures to the entire digital regulatory system,to achieve the expected regulatory goal。

Bowei Pal thinks,Overall,Future regulation methods require cross -disciplinary dialogue on the digital and data economy,and should include positive ideas of how to use new technological achievements in social welfare and social services。At the same time,To ensure international interconnection,Countries also need to make necessary dialogue globally,Make digitalization can give full play to its huge potential in economic growth and social prosperity。

Editor in charge: Cui Cen
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