MISA-Zimbabwe Commentary: Cybersecurity and Data Protection Bill HB 18 of 2019

Introduction

After several attempts, Zimbabwe gazetted the Cyber security and Data Protection Bill 2019 (hereinafter the “Bill”) on Friday 15 May 2020. The Bill responds to the growing technological dictates. Zimbabwe, like many jurisdictions suffer “law-lag” as the enactment of laws is slower than the technological developments. Laws regulating cyber security, criminal laws, and data protection are archaic. Criminal provisions in the Criminal Law (Codification and Reform) Act (Criminal Code), were not exhaustive. The Access to Information and Protection of Privacy Act (AIPPA) on data and personal information protection remains inadequate, and myriad with controversial provisions.

This paper is an in-depth analysis of the proposed Bill and incorporates global and regional developments in respect of cyber security and data protection laws. The Constitution and other international human rights standards anchor the commentary and recommendations. The commentary makes recommendations for Parliamentarians to consider for purposes of revising the Bill. Relevant recommendations from zero drafts have also been incorporated and reiterated.

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Source: MISA Zimbabwe