05 Dec 2024

The Data Protection Act, No.18 of 2024, is set to reshape the landscape of personal data privacy in Botswana, ensuring that the rights of individuals regarding their personal information are upheld. This pivotal legislation was the focus of discussions at the recent Data Protection Conference hosted by the Botswana Institute of Banking and Finance.

Officiating the conference, Assistant Minister for State President Ms Maipelo Mophuting emphasised the urgency of complying with the new legal framework, which aims to position Botswana as a preferred investment destination. 

“It is the government’s mandate to ensure compliance with all legal frameworks, particularly those that improve the welfare of our citizens,” she said.

In her address, Ms Mophuting asserted that ‘data protection is a fundamental human right,’ highlighting the ethical obligation to safeguard individuals from potential harm, exploitation, and data misuse. 

She elaborated on the need to prevent security risks and reputational damage resulting from the careless handling of personal information.

“The practices surrounding data protection and privacy are critical as they help mitigate risks associated with collecting, managing, and using personal data,” she explained. 

Ms Mophuting pointed out that both legally sanctioned custodians of personal data and opportunistic third parties could inadvertently or deliberately compromise individuals’ information.

The Assistant Minister acknowledged the rapid advancement of digital technologies and the internet, which, while enhancing communication and accessibility, have simultaneously introduced new risks to personal and financial data security. 

“As our collective reliance on digital tools grows, data protection becomes vital, it is now the backbone of our operations,” she said.

Furthermore, she warned that in an era where information was considered one of the most valuable assets, it has also become a prime target for cybercriminals. 

“As the volume of data increases, so do the associated risks,” she noted.

In alignment with global standards, the Data Protection Act seeks a delicate balance between empowering businesses to leverage data’s potential and ensuring individuals’ privacy rights are legally protected. 

Ms Mophuting outlined the ramifications for non-compliance, stating that penalties could escalate to P50 million or up to nine years of imprisonment.

Highlighting the importance of collaboration, she stated that the government, private sector, and civil society must collectively foster a culture of compliance. 

“Public awareness and education regarding data rights and responsibilities are essential for ensuring that all individuals in Botswana are informed about how their data is used and what steps they can take to protect themselves,” she urged.

Ms Mophuting expressed confidence that the insights and collaborations emerging from the conference would contribute to establishing a safer and more secure digital environment for Botswana, ultimately enhancing economic growth, social development, and good governance.

As Botswana steps into this new era of data protection, the government is committed to reinforcing its frameworks and ensuring that every citizen’s right to privacy is respected and upheld.  ends