https://zimbabwe.misa.org

Cybersecurity and Cybercrime
Laws in the SADC Region

protection authority. Whilst the convergence of
regulatory authorities may help the government
to save on financial resources, it defeats the
principle of separation of powers and check and
balances, which are critical in the era of “data
deluge”. Furthermore, this convergence can
foster unnecessary operational inefficiencies. In
order to remedy the situation, key informants
observed that there is need for the equal
prioritisation and balancing of the functions
of the Cybersecurity Centre and Data Protection
Authority to ensure that significance is not placed
only on cybersecurity while data protection,
privacy and the interrelated fundamental rights
are neglected. The conflation of these three
institutions poses a dual crisis, with POTRAZ,
on one hand, becoming the surveillance arm
of the state while also having access to the
large volumes of data collected by the Mobile
Network Operators (MNOs) and Internet Service
Providers (ISPs). This, therefore, compromises
data protection and the right to privacy.

This is partly because it borrows heavily
from the African Union’s model law. In view
of this amalgamation of two separate but
mutually related issues (cybersecurity and data
protection), civil society groups have called for
the drafting of two separate laws.

The Bill makes provision for the processing of
data, which can be done by telecommunication
operators, electronic management bodies,
ministry of home affairs and other immigration
agencies. It stipulates that data processors must
notify the data subjects before the collection
of the information as well as how the data
will be processed. The Bill criminalises the
processing of sensitive information, genetic
data, biometric data and health data. It is only
allowed under specified circumstances, which
include where the processing is necessary to
comply with national security laws and also
for the prevention of imminent danger or the
mitigation of a specific criminal offence. The
Zimbabwe’s Cybersecurity and Data Protection
Bill is an omnibus law combining cybersecurity
and data protection (MISA-Zimbabwe, 2020).

Although the Bill does not explicitly mentions the
issue of intrusive communications surveillance,
there are several pieces such as the Official Secrets
Act, Criminal Law (Codification and Reform) Act
and the Interceptions of Communications Act,
which have been used to justify the snooping
on citizens’ online communication. Some of
these laws were passed before 2013 hence have
not yet been aligned with the Constitution. In
circumstances where information relates to
national security, more often than not, there is
no disclosure of sufficient information under
the auspices of national interests. This poses
the danger of such provisions being abused
and exposing citizens to over surveillance by
government and state security agents, thus,
violating their right to privacy. In the event
of any security breach, the Bill provides in
Section 19, that the data controller shall notify
the Authority, without any undue delay of any
security breach affecting data that he or she
processes. It is imperative that the law should
provide a specific timeline under which the
security breach shall be communicated rather
than leaving the provision open to interpretation
on what entails undue delay. In addition, the
Bill provides an obligation to data controllers,
except for those in specified circumstances to
notify the Data Protection Authority prior to any
wholly or partly automated operation or set of
operations intended to serve a single purpose
or several related purposes.
The notification is not required where the data
controller has appointed a data protection

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