The Zambian Constitution under article 17 provides for the right to privacy including the right not to be searched (person, home or property); not to have possessions seized; not to have information relating to family, health status and private affairs unlawfully required or revealed; and not to have communications infringed. Due to the evolving nature of information and communication technology and the need to protect privacy of the individual, Zambia recently enacted the Data Protection Act, 2021 to provide for the use and protection of personal data and to regulate the collection, use, transmission, storage and processing of personal data. The Act also establishes the Data Protection Commissioner and spells out its functions, provides for regulation of data collectors, processors, and controllers and provides for the rights of data subjects. Below we highlight the key provisions of the Data Protection Act, 2021, particularly the pros and cons.
