personal data.27 28 Data protection laws recognise such situations, but more
importantly as Botswana law states any other person who is not a health
professional collecting sensitive personal data must carry out those directions
under the supervision of a health professional and a person who is directly
authorised to perform such functions.29 Many countries however subordinate
these issues, when faced with public health crises but the balancing of rights is
non-negotiable.30 The public health interests limit the individual's decisional and
informational privacy, as these rights become subservient to public welfare
interests.31
To contain the spread of COVID-19, collection of sensitive personal data in form
of health information increased, with the adoption of mobile applications, and
contact notification procedures. According to International Centre for Not-forProfit Law (ICNL), over 62 laws were adopted globally that violated the right to
privacy through data collection, and Zimbabwe, South Africa, and other public
health standard measures (PHSMs) requiring temperature readings and
recording of personal mobile numbers for contact tracing, this information if
cross-referenced with the mobile subscriber databases in most countries it,
easily discloses health-related data.32
4.2.1 COVID Surveillance Infrastructure case of Zimbabwe
The COVID-19 pandemic had the most technologically advanced responses in
human history and collected corpus amounts of personal data.33 Countries
adopted systematic and ongoing collection, collation, and analysis of sensitive
personal data. The technology enabled surveillance assumed a positive
societal value bringing efficiency and effective responses to the pandemic.
However, there are significant concerns. The scale of surveillance and data
collection was concerning as massive health-related data was processed in
NewsDay Military nurses take over hospitals https://www.newsday.co.zw/
Article

/ /military nurses take over hospitals/ last accessed

of General Data Protection Regulation processing of health data for medical purposes under art

April

h must be done by a professional

who is bound by professional confidentiality.
Botswana Data Protection Act section

.

Makwaiba BS Tension between the individual s fundamental human rights and the protection of the public from infectious and formidable
epidemic diseases

AHRLJ

.

Makwaiba
Section of Statutory Instrument

of

Postal and Telecommunications Subscriber Registration Regulations,

. The Postal and

Telecommunications Regulatory Authority POTRAZ , established under Postal and Telecommunications Act PTA mandated compulsory
registration of subscriber identity module SIM and establishing of a database.
O Saki A health pandemic not a data pandemic: an analysis of Zimbabwe s data protection framework in response to COVID
unpublished

paper

.

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