EVERYTHING YOU NEED TO KNOW ABOUT THE DATA PROTECTION ACT, BOTSWANA

With the rise in the use of technology throughout the world, the need to protect personal data has become even more important. That is why Botswana, just like other countries has finally enacted the Data Protection Act. The purpose of this Act is to protect personal data and protect the privacy of individuals and their personal data.

Why is it important to protect personal data?

Personal data refers to data that belongs to an individual that can be used to identify them, such as date of birth, age, name, ethnicity etc. Therefore, if not protected someone can use your personal data to scam you or other people close to you, or to hack into your accounts, steal money or your identity. This is called identity theft. Therefore, it is important to protect personal data to ensure that people are protected from fraud and theft.

In this digital age, everything is online, and sometimes you give up your personal data without even being aware, especially when signing up for websites or even doing some online shopping. That is why you should never save your card details on your browser, as that amounts to personal data which is sensitive and if it fell into the wrong hands could bring financial ruin into one’s life.

The people whose data the Act seeks to protect are called data subjects, referring to the people whose personal data is collected.

What are the rights of data subjects?

As a data subject, being the one whose personal data is collected you have the right to:

• To know where your data is going, who is keeping it and where;
• Why your data is being collected and for what purpose;
• Object to the collected, use, processing and storing;
• Lodge a complaint with the Commissioner, etc.

This means that all the organizations that are collecting personal data need to be open to informing data subjects about their data. The Act also states that they should only collect personal data for a specific purpose, which purpose the data should be used without any deviation from it. Most importantly, they should also ensure that the personal data they collect is kept safely and securely.

Where can I find justice if my rights are infringed as a data subject?

The data subject has the right to approach the Commissioner free of charge and lodge a written complaint. If not satisfied with the decision of the Commissioner, they have a right to appeal that decision to the Information and Data Protection Appeals Tribunal. This Tribunal hears all cases relating to data breaches or complaints.

In addition, there are various punishments stated in the Data Protection Act as remedies, such as fines ranging from BWP20,000 to BWP1,000,000 and prison term punishment ranging from 3 years to 9 years depending on the type of breach and severity of the offence.

How can I protect my personal data?

The Data Protection Act specifically highlights that as a data subject you have the right to consent to your data being taken and collected. Therefore, the best way to protect your personal data is to provide conscious consent.

This also applies online. Therefore, from now on, before you click that consent button, take a moment to read through what you are consenting for and why. If you don’t agree simply close the prompt or website.

Conclusion

The Data Protection Act is a welcome development towards the protection of the personal data of individuals and it guides organizations on how to protect the personal data they collect.

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