extreme hindrances on freedom of expression, and right to information which
due consideration of the need to balance. Furthermore, the DP laws are not the
only laws, but take account of other sector specific laws.9 This is not an issue if
there is coordination and complementary approaches, and if also the DPA is
mandated to provide oversight on the actual protection of personal information
that might be stipulated in for instance the Consumer Protection Act (consumer
rights) or the Banking Act (financial information).

4. Issues Old and New

The economic interests and rights aspects of data is premised as the reason for
the adoption of data protection laws in most countries. Reading of preambles or
statements of objects of the DP laws confirms this position. For instance, the
LDPA objects is to "reconcile the fundamental and competing values of
personal information privacy under this Act and sector specific legislation". A
statement of objects and reason shared by the Lesotho Minister of Home Affairs
accompanying the Bill noted that while "privacy of personal information must be
guaranteed. On the other hand, free flow of information is a necessary feature
of economic life. The Bill proposes provisions intended to balance protection of
personal data rights against economic interests of the wider society". Similarly,
the EDPA objects are for an "Act to provide for collection, processing,
disclosure and protection of personal data; balancing of competing values of
personal information privacy and sector specific laws and other related
matters'. Zimbabwe's CDPA section 2 object are "to increase cybersecurity in
order to build confidence and trust in the secure use of information and
communication technologies by data controllers, their representatives and data
subjects".

These DP laws objectives demonstrate the complexity of managing the
different data interests and rights, especially as it relates to public and private
interests. The tension between these interests will increase with the
technological evolution. With such changes, DPAs are required to adapt and
meet the challenges. The laws might not be amended with each and every
development, which is understandable, however if DPAs are not adaptive, then
their function will be illusory and ineffective. Admittedly, amendments to some
of the DP laws is also necessary to cure the fundamental shortcomings, and
some of the amendments will be highlighted in the paper.
4.1 Unending debate on independence of data protection authorities
The independence of the DPA is essential to the effective protection of personal
data for many reasons. First, the interest in personal data is from wide ranging
of actors, domestic, and international. This means that a DPA must be capable
EDPA, and LDPA make explicit mention of other sector specific laws in their preambles/objects

PAGE

Select target paragraph3