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The Gambia: National Assembly to receive bills on national security and data protection

The Minister for Information, Communications and Technology announced, on 16 June 2021, that a bill on national security and data protection, amongst other things, will be brought before the National Assembly before the end of 2021.

OneTrust DataGuidance confirmed with Mammy Isha Nyang, a Junior Associate at Amie Bensouda & Co Legal Practices, that, "the Government of The Gambia recognises the increasingly important role personal data and national security plays in the development of the economy and society at large and wishes to adopt measures to safeguard personal data and associated fundamental rights and freedoms, and in particular the right to privacy, to ensure public trust in the use of personal data. This is consistent with the Constitution of The Republic of The Gambia 1997, [in particular] Section 23 which recognises and sets out the right to privacy."

Furthermore, Nyang continued, "the Minister from his statement made submissions on the increasing and accelerating violations relating to data and national security happening around the world, which The Gambia is no exception to. The need for having the appropriate checks and mechanisms to be in place to deal with such violations is of great importance to the country. [Particularly in relation to] cyber crime issues which are mostly committed outside a jurisdiction but can still affect the security of a country. Strongly hoping that before the end of the year, the national service security and data protection laws will be brought to the Assembly."

Finally, Nyang emphasised that, "the challenges faced by the Government is recognised […] however, in the same vein the Government should redouble their efforts to reform the legislation on personal data protection and privacy in order to provide safeguards on the use of personal data and to protect the right to privacy online and national security."

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