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Zambia

Summary

Law: The Data Protection Act No. 3 of 2021 ('the Data Protection Act')

Regulator: Office of the Data Protection Commissioner (not yet operational)

Summary: The Constitution of Zambia does not explicitly provide the right to privacy. However, Article 17 of the Constitution provides that no person can be subject to the search of their person or property or entry by others on their premises without their consent and further provides exceptions to this right. Furthermore, the Data Protection Act was enacted by the Parliament of Zambia on 23 March 2021, and entered into force on 31 March 2021. In addition, the Data Protection (Registration and Licensing) Regulations, 2021 ('the Regulations'), contained in Statutory Instrument No. 58 of 2021, were issued, on 14 May 2021, by the Minister of Transport and Communications, in the exercise of the powers established by Section 82 of the Data Protection Act. Moreover, related issues such as cybercrime and electronic communications are governed by legislation such as the Electronic Communications and Transactions Act No. 4 of 2021 ('the ECT Act') and the Information and Communications Technologies Act No. 15 of 2009 ('the ICT Act'). The Zambia Information and Communications Technology Authority ('ZICTA') supervises the application of the ECT Act.

Insights

2021 saw some significant developments in Zambia, which have reshaped the legislative landscape of the country. In particular, the Data Protection Act No. 3 of 2021 ('the Data Protection Act'), the Electronic Communications and Transactions Act No. 4 of 2021 ('the Electronic Communications and Transactions Act), and the Cyber Security and Cyber Crimes Act No. 2 of 2021 ('Cyber Security and Cyber Crimes Act') entered into force on 1 April 2021, following the publication in the Government Gazette of the respective Commencement Orders. In this Insight article, OneTrust DataGuidance provides a non-exhaustive overview of the abovementioned laws and their provisions.

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