Ethiopia has no specific legislation on data protection, and the issue is relatively new to public discourse in the country. Civil society efforts are currently focused on promoting greater awareness around personal data protection issues and getting in at the ground level to ultimately propose draft legislation.
The following snapshot is intended to help identify and understand the various factors impacting the passage of rights-respecting data protection legal frameworks. This includes the roadblocks to establishing a dedicated law, the key issues being considered within the data privacy conversation, the political circumstances under which these developments take place, and the ongoing advocacy practices that aim to support data privacy regulations.
Exclusive Statute/Bill/Draft
There is no overarching data protection law in force in Ethiopia at the moment.
Related Draft Legislations
An expert group under the Ministry of Innovation and Technology prepared a Draft Proclamation on Personal Data Protection in 2019. There haven’t been any public debates on the Draft so far. The expectation is that more consultations and public discussions will be arranged to discuss the draft with stakeholders.
Features of the Draft
The Draft proposes the establishment of a Data Protection Commission which will have the sole responsibility of implementing data protection and data privacy rights
Related and Sector-Specific Laws
Certain other laws contain clauses that have implications for data protection and privacy issues. These include:
The Communication Service Proclamation 1148/2019
The Civil Code of 1960
The Criminal Code, 1957
Federal Tax Administration Proclamation No. 983/2016
Exclusive Statute/Bill/Draft
There is no overarching data protection law in force in Ethiopia at the moment.
Related Draft Legislations
An expert group under the Ministry of Innovation and Technology prepared a Draft Proclamation on Personal Data Protection in 2019. There haven’t been any public debates on the Draft so far. The expectation is that more consultations and public discussions will be arranged to discuss the draft with stakeholders.
Features of the Draft
The Draft proposes the establishment of a Data Protection Commission which will have the sole responsibility of implementing data protection and data privacy rights
Related and Sector-Specific Laws
Certain other laws contain clauses that have implications for data protection and privacy issues. These include:
The Communication Service Proclamation 1148/2019
The Civil Code of 1960
The Criminal Code, 1957
Federal Tax Administration Proclamation No. 983/2016
Predominant Hurdles In Implementation
Currently, there is limited technical understanding and knowledge with regard to data protection among the larger public and civil society organisations alike. Even regulators often have difficulties understanding the principles and norms of data protection and how to apply them.
Key National Issues in the Field
The legal issues governing surveillance and interception of communications by public authorities are central to the data protection and privacy debate in Ethiopia. Public authorities are allowed search and seizures of personal data without warrant and judicial oversight under the Computer Crime Proclamation.
In addition, difficulty of access to information in general in the country may pose a challenge to enforcing the rights of data subjects seeking access to information from data controllers once the data protection bill is passed.
Key National Issues in the Field
The legal issues governing surveillance and interception of communications by public authorities are central to the data protection and privacy debate in Ethiopia. Public authorities are allowed search and seizures of personal data without warrant and judicial oversight under the Computer Crime Proclamation.
In addition, difficulty of access to information in general in the country may pose a challenge to enforcing the rights of data subjects seeking access to information from data controllers once the data protection bill is passed.
With a lack of reporting on and understanding of data protection issues, advocacy efforts need to start at the fundamental level of establishing that individuals have a right to protection of their personal data.
Goals
The current advocacy focus is on capacity building for civil society organisations, increasing awareness among the general public, and providing research inputs to policymakers.
Challenges
There is a judicial reluctance to enforce fundamental rights, which poses a challenge to advocacy efforts.
ADAPT’s partner CARD has been conducting advocacy promoting data privacy in the country since early 2021. Check out their blogs and podcasts that showcase some of the core elements of their work and the issues that they prioritize.
