Data Governance and Policy in Africa

Abstract

First and foremost, its objective is to increase awareness of fundamental principles of international norms and facilitate the exchange of experiences and practices in data governance globally and specifically in Africa. [...]it also intends to establish, encourage, and support data governance rules during the digital revolution. In Chapter three, the book explores the application of a value chain approach to data generation, utilisation, and governance in order to facilitate effective policymaking in Africa. The African perspectives are based on various legal frameworks, including the Malabo Convention, Africa Data Policy Framework, Economic Community of West African States (ECOWAS’) Supplementary Act on Personal Data Protection within ECOWAS, the ECOWAS Directive on Fighting Cybercrime, the Common Market for Eastern and Southern Africa (COMESA)’s Model Cybercrime Bill, the Southern African Development Community (SADC)’s Model Law on Data Protection, and a Model Law on Computer Crime and Cybercrime.

Data is a crucial resource that plays a major role in policy making, as well as driving innovation in both the private and public sectors [2]. It also contributes to the development of sustainable and self-sustaining economies, both now and in the future [4]. Data plays a crucial role in shaping the global digital economy[5]. The application of data presents immense opportunities to revolutionise African economies [1]. Given the rise of the digital economy, it is imperative to prioritise data governance. Data governance is crucial for facilitating the creation, utilisation, and reutilization of data in a manner that ensures safety, ethics, and security [3]. The primary objective of data governance is to enhance quality of life by optimising data use and facilitating efficient cross-border data transmission, all while safeguarding individual rights [3]. The book “Data Governance and Policy in Africa” effectively utilises research conducted by professionals from various regions of the continent to build a solid basis for data governance at a continental level.

The continuous progress in Information and communication technologies (ICTs) has increased the necessity for Data governance. The existing body of literature on Data governance in Africa is still in its early stages of development, and this book is the only one I have encountered that specifically addresses Data governance challenges in Africa. The book’s content and breadth of topics were the reasons for choosing it for review.

This edited volume consists of nine chapters and covers multiple disciplines. It leverages the research expertise of legal professionals, economists, statisticians, and data technology specialists. Upon closer examination of the contributors’ profiles, it is evident that each chapter is written by a highly esteemed and accomplished author who has vast experience in their respective disciplines. These essential contributions establish a solid basis for future policy frameworks aimed at effectively utilising data for the benefit of Africa. The book dedicates a significant portion, around 50%, to the examination of data regulation in chapters 2–5. Chapter 1 serves as an introduction, while chapters 6 and 8 specifically address topics related to the financial sector. Chapter 7 delves into the subject of data science, and Chapter 9 serves as the concluding chapter. The chapters are additionally divided into multiple subtitles.

The book offers a comprehensive analysis of data governance, focusing on both international perspectives and the specific context of Africa. Furthermore, its primary objective is to promote the extensive utilisation of data from various origins, guarantee its dependability, and simplify its accessibility. In order to accomplish its objective, it must identify potential advantages, limitations, and obstacles to the utilisation of data. The book has two primary goals. First and foremost, its objective is to increase awareness of fundamental principles of international norms and facilitate the exchange of experiences and practices in data governance globally and specifically in Africa. Secondly, it also intends to establish, encourage, and support data governance rules during the digital revolution. It aims to evaluate the possibility of enhancing the digital market to maximise advantages for African consumers, governments, and enterprises. To achieve these objectives, the chapters addressed many topics that enhance comprehension of the challenges, opportunities and risks related to safeguarding, using, and making use of data.

The book features a comprehensive table of contents that facilitates the reader in quickly locating the chapters. Additionally, there is a compilation of tables and figures that serve as valuable points of reference. In addition, the book includes a roster of contributors and a preface that presents the book’s premise to the reader. Furthermore, a bibliography is included for the purpose of reference. The preface openly acknowledges the economic importance of data governance. Furthermore, it underscores the importance of Africa developing a comprehensive data governance framework at the continental level, with the primary objective of enhancing living conditions through the optimal utilisation of data.

The introductory section in chapter one establishes the fundamental basis for the following chapters. In this chapter, the book presents the main discoveries from the nine chapters included in the book. Furthermore, it guarantees an evaluation of the potential advantages, obstacles, and hazards that now exist in the field of data generation, sharing protocols, and legislative uniformity. Importantly, it delineates the path ahead and the possibilities for future investigation.

The second chapter of the book discusses a Prototype data governance framework specifically designed for Africa. The chapter presents a comprehensive framework for data governance that guarantees both independence and increased efficiency within African nations, while also facilitating cooperation between countries. Furthermore, it suggests a comprehensive data governance approach that spans throughout the entire continent. This strategy is based on fundamental ideas such as maintaining responsibility, guaranteeing data precision and quality, and promoting compatibility and standardisation of data. Furthermore, it explores international standards that provide the principles and structure for data governance, which not only ensure responsibility in enhancing data quality, reliability, confidentiality, and protection of data subjects but also uphold ethical utilisation of data.

In Chapter three, the book explores the application of a value chain approach to data generation, utilisation, and governance in order to facilitate effective policymaking in Africa. The chapter presents a systematic approach to both data collection and data utilisation, as well as its use in decision-making. The authors’ presentation of the guiding principles that govern data generation, sharing, and distribution, as outlined in the United Nations Fundamental Principle of Official Statistics (UNFPOS), is commendable. The chapter provides an overview of the stance of African states in relation to these principles using a comprehensive manner. The authors analyse the case study of South Africa, Rwanda, and Australia to highlight the deficiencies and areas that require further enhancement in light of the swift advancements in technology. The authors offer suggestions to enhance the generation and utilisation of official data, as well as the management of official statistics procedures.

Chapter 4 of the book covers a detailed analysis of the Data Protection Legal Regime and Data Governance in Africa. This text examines the legal structure concerning data protection in Africa, focusing on the important aspects related to data governance. These factors encompass sufficiency, efficiency, and enforceability. The chapter focuses mostly on the ratification and declarations made within the framework of the African Union, particularly highlighting the significance of the Malabo Convention. Furthermore, it emphasises the importance of implementing and utilising open standards for data and implementing suitable cybersecurity regulations in order to facilitate the unrestricted transfer of data. In addition, the chapter not only emphasises the endeavours achieved in data governance and data protection in Africa but also outlines the current constraints or deficiencies.

Chapter five of the book centres on the topics of Data Regulation in Africa, Free Flow of Data, Open Data Regimes, and Cyber-security. The chapter examines the legislative and legal obstacles related to data governance and policy in Africa. Furthermore, it examines the approach taken by the European Union (EU) in handling data and seeks to derive insights for the African continent. Significantly, it offers a comprehensive summary of the European Union, African region, and nation-level data regulation. The chapter provides examples from various EU regulations, including the General Data Protection Regulation (GDPR), the Regulatory Framework for the Free Flow of non-personal data in the EU, the Regulation on the Free Flow of Non-personal Data, and the Open Data Directive. The African perspectives are based on various legal frameworks, including the Malabo Convention, Africa Data Policy Framework, Economic Community of West African States (ECOWAS’) Supplementary Act on Personal Data Protection within ECOWAS, the ECOWAS Directive on Fighting Cybercrime, the Common Market for Eastern and Southern Africa (COMESA)’s Model Cybercrime Bill, the Southern African Development Community (SADC)’s Model Law on Data Protection, and a Model Law on Computer Crime and Cybercrime. At the national level, the chapter focuses on the measures taken to regulate data, as well as the shortcomings or limitations. In certain instances, it also suggests potential solutions or paths for improvement.

Chapter Six focuses on the issues and opportunities that arise from digitization and Financial Data Governance in Africa. This text explores and analyses the impact of developing technologies such as artificial intelligence, robotics, the Internet of Things, and big data analytics on business strategies worldwide. It emphasises the importance of Africa being prepared to benefit from these technologies while also addressing the potential risks they present in various areas, such as national security, safeguarding the privacy of data subjects, unethical manipulation of data for disinformation and misinformation, and other related concerns. The chapter emphasises that although there are huge benefits and increased risks associated with digital technology, many African countries still need to develop legislation and establish infrastructure for data security and management.

Chapter Seven delves into the broader aspects of data governance and its impact on the data scientist, going beyond mere legislation and the immediate consequences. The chapter illustrates the correlation between data science and data governance. Significantly, it highlights the necessity and essential requirements for data governance from the standpoint of data science. The chapter eloquently argues for the necessity of strong data governance mechanisms to oversee the analysis and decisions made by data scientists, and the profound effects these choices will have on both users and humanity as a whole. The chapter argues that based on precedents from Information Communication Technologies for Development (ICT4D), it is crucial for African countries to collaborate in order to effectively execute a data governance policy.

Chapter eight focuses on the economic aspects of blockchains in Africa. This text provides a comprehensive analysis of the emerging blockchain technology, which has revolutionised the handling of economic data in an unprecedented way. It has the potential to enhance productivity levels and facilitate capital flows to sectors that have been neglected. Furthermore, it can harness the growing value of information as a factor in production, thereby stimulating economic growth. Despite the potential of blockchains, the chapters demonstrate that only Kenya and Mauritius have implemented a legislative framework to regulate blockchain technology. The chapter thoroughly examines the institutional and structural obstacles that hinder African countries from fully harnessing the benefits of blockchain technology. Additionally, it addresses the potential threats that this technology poses for marginalised groups and regions.

Chapter Nine serves as a conclusion. It provides a concise overview of the previous chapters and presents the conclusions drawn from each chapter’s findings. Additionally, it offers suggestions on data generation, usage, and exploitation.

Overall, the book provides an accurate portrayal of the intricacies of data governance in Africa, as depicted by its various contributors. The efforts made by the editors are praiseworthy, since the edited collection successfully addresses a significant absence in legal literature that specifically examines the African continent. Nevertheless, based on the title and introduction, it was expected that the book would have a specific chapter, particularly chapter one, that offers a comprehensive overview of the progress made in data rules and regulations throughout Africa. These regulations encompass the Malabo Convention and other similar policies, such as data protection policies and the African Continental Free Trade Area (AFCTA) policy. Additionally, there has been a recent consultancy on the African Union data classification and sharing framework, indicating the imminent establishment of a framework in the near future. The book should address these topics, and it becomes challenging for the readers to fully comprehend the significance of these regulations. The policies mentioned and discussed by various authors in their separate chapters should be thoroughly addressed. For instance, the materials in chapter four could have been presented as the initial chapter, as it offers a more comprehensive overview of Africa. Consequently, the subject matter addressed in the book becomes challenging for the audience to comprehend.

Moreover, the book is interdisciplinary, authored by several specialists from other domains. One might anticipate discussions on a variety of topics originating from various sectors and points of view. Nevertheless, it is crucial to maintain a balanced incorporation of the concepts throughout all industries. Chapters 2, 3, 4, and 5 are interconnected as they all focus on the topic of data regulation. Chapters 6 and 8 have a connection to the financial sector. The chapters not only explore the same issue but are also dispersed. Significantly, the editors have not provided any disclaimer indicating that some areas, such as health tech, Agri-tech, and edu-tech, would not be addressed. Hence, the structure of the work is perplexing and lacks cohesion.

The book’s methodology should be explained in a clear and concise manner. One would anticipate the inclusion of a chapter dedicated to methodology, especially in the first chapter. However, by surprise, the first chapter instead provides summaries of the subsequent chapters. The book exhibits a high level of descriptive detail, and there is a need for enhanced comprehension of data governance. Establishing a connection between the concept of data governance and the substance of the book is a challenging task. The book’s emphasis on the regulation of personal data should be clarified, since data governance spans a broader scope, including both personal and non-personal data, as well as data usability and sharing to promote the digital economy. On page 139, there is a map of Africa that displays the countries that have implemented personal data laws. The title of the book serves as a preparation for the reader to engage with the specific topics that will be discussed in a thorough and appropriate manner. Although the book has certain flaws, it is still easy to read. Additionally, it focuses on a relevant subject, which helps to bridge the existing gap in the literature. This book will captivate not just scholars, lawyers, and judges, but also researchers and students.

Conflict of interest

D. Mwamlangala declares that she has no competing interests.

Publisher’s Note

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

References

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