Does Namibia have a Data Protection Law?

Namibia has a Data Protection Bill which, proposes the establishment of a data protection authority and seeks to create provisions for the use, processing and collection of personal information in order to protect citizens’ right to privacy. The Bill also provides for the protection of Namibian citizens against the abuse of their data and personal information and to regulate cross border flow of personal data.

Nonetheless, Namibia recognises the right to privacy as a fundamental human right under Article 13 of the Namibian Constitution. Currently the Information Technology Policy for the Republic of Namibia, 2008 , advocates for information security and privacy. It states that the Government undertakes to promote legislation that addresses information security, data protection and the protection of privacy. The government undertakes to guard information privacy and only intercept and monitor information when lawfully authorised in the interest of national security or the detection and prevention of serious offences. Furthermore, the Policy emphasises that to ensure that the interface between information security and rights to privacy are well regulated, the protection of data, information security and lawful interception should comply with international standards.

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