Cybersecurity and Cybercrime
Laws in the SADC Region

https://zimbabwe.misa.org

and cybercrime laws strike a balance between
the protection of national security and exercise
of the rights of ordinary citizens.

existing bodies as would limit the effectiveness,
efficiency and independence of the Board since
it is appointed by and reports to the Executive.
A case in point is the Zambian scenario where
a separate entity (Cyber Security Centre) was
created.

There is need to adhere to the Necessary and
Proportionate Principles when coming up with
cybersecurity and cybercrime, data protection
and electronic transaction laws in the SADC
region.
Public consultation processes in the coming up
with cybersecurity and cybercrime legislation
must follow clearly laid out procedures. Input
from marginalised and vulnerable constituencies
must be taken on board. Any cybersecurity law
and institutional framework be the product of
an extensive and meaningful cooperative multistakeholder consultative process and that the
eventual frameworks make provision for some
level of multi-stakeholder oversight involvement.
There is need to desist from coming with an
omnibus type of legislation as evidenced in
Malawi, Zimbabwe and Namibia. Instead of
lumping cybersecurity and data protection
issues together, it is recommended that the
proposed Bills must be separated into two Bills
that deal with cybersecurity and data protection
separately in line with international best practice
and instruments such as the SADC Model Law
on Data Protection, African Convention on
Cybersecurity and Data Protection.
Enacted and proposed leg islat ion must
ensure that there is a clause that guarantees
the protection of whistleblowers in terms of
handling investigations. In order to strengthen
the protection framework, all protection
arrangements should include a legal obligation
for public officials to report misconduct and/or
procedures for protecting whistleblowers and
enforcing fair treatment after a disclosure has
been made.
There is need to come up with independent
national regulatory authorities rather than using

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Cybersecurity and cybercrime laws must not be
used as a smokescreen to normalise arbitrary,
disproportionate and unnecessary surveillance
of citizens without regard to citizens’ right to
privacy.
These laws must clearly define the term data
subject. The rights of the data subject must be
derived from the Bill of Rights in the Constitution.
He/she must also be afforded the right to request a
record or description of the personal information
about the data subject being held by a data
processor, as well as information concerning
the identity of all third parties who have had
access to the data subject’s personal information.
The obligation of the data controller in terms
of safeguarding the security, integrity and
confidentiality of the data must be clearly spelt
out in any proposed legislation. The clause on
data controllers must ensure that they collect
only the data absolutely necessary for their
purposes, and access to personal data should
be limited to only those necessary for processing.
Legislation on cybersecurity and cybercrime must
ensure that there are adequate accountability or
oversight mechanisms on data breaches. Rather
than placing the duty to report on the national
Cybersecurity Centre, the law must ensure that
the data subject must also be given the duty to
report in cases of data breaches. This clause
will offer adequate protection or recourse for
potential victims of breaches emanating from the
Data Controller’s negligence or incompetence. The
law must spell out consequences for avoidable
breaches e.g. by providing compensation to a data
subject whose information was not adequately

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