Finding the Rights Balance: Access to Information and Data Protection in Africa

An excerpt from an overview of the data rights landscape in the region

Open Data Charter
opendatacharter
2 min readJul 5, 2024

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By Renato Berrino Malaccorto, Research Manager, Open Data Charter and Victor Werimo, Research Volunteer, Open Data Charter.

“How we access, utilize, and regulate data is increasingly critical. When used effectively, open data can make governments more efficient and transparent, while empowering citizens to participate in public accountability. However, the production and availability of data necessitate discussions on responsible data management and the protection of personal and sensitive information.

At Open Data Charter we have been exploring the balance between these rights in our blog series ‘Finding the Rights Balance’, as well as in our recently published report ‘Access to Public Information, Open Data and Personal Data Protection: how do they dialogue with each other?’, which can be seen at this link, in which we study regulations and case studies in Latin American and European countries.

Following this line of work, and thinking of expanding the analysis, we set out to investigate the normative status at the regional level in Africa, to then zoom in on the situation in three countries, and finally to see how the tension between the two rights is resolved in specific cases. This study was intended as a first glimpse into the regional landscape and we look forward to deepening and broadening the research in the future.”

Photo by Lenny Miles on Unsplash

This White Paper covers:

  • Regulations on Access to Information and Open Data at a regional level
  • Regulations on Data Protection at a regional level
  • Regulations on Access to Information and Open Data in South Africa, Kenya and Nigeria
  • Regulations on Data Protection in South Africa, Kenya and Nigeria
  • The tension between rights in specific cases
  • Conclusion

Download here

This research is meant as an initial overview of the regional landscape, and we anticipate expanding and deepening our research in the future. If you have knowledge of projects, reports, and specific cases related to this topic and to this region, do not hesitate to share them with us at info@opendatacharter.org.

You can also learn more about Access to Information Laws and Policies as well as their implementation via this free online course that UNESCO offers. Here are some additional resources on Data Protection as well.

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Open Data Charter
opendatacharter

Collaborating with governments and organisations to open up data for pay parity, climate action and combatting corruption.