MUTARE- Media Institute of Southern Africa (MISA) has expressed concern over continued absence of adequate and clear data privacy legislation and mechanisms.
In letter to the Clerk of Parliament, MISA Zimbabwe chairperson Golden Maunganidze called for an inquiry into acquisition or use of surveillance, as it has serious implications on enjoyment of fundamental rights to privacy and free expression.
“MISA Zimbabwe is therefore concerned not only with the use of such tools in the absence of substantive cyber-security and data protection legislation in Zimbabwe but also with the lack of transparency around the acquisition of this cybersecurity equipment and the conditions under which it is sold to Zimbabwe.
“MISA Zimbabwe notes the importance of promoting national security, and with the increase in the uptake of ICTs, the need to promote cybersecurity. However, such interventions should be informed by a human rights approach, respect of the Constitution and the declaration of rights, espoused therein, and as provided for in terms of Section 44 of the Constitution.
“It is therefore MISA Zimbabwe’s hope that in the exercise of its mandate, Parliament will inquire into any acquisition or use of surveillance technologies in Zimbabwe to ensure that they are in keeping with the Constitution and the duty to protect, promote and respect human rights,” reads part of the letter.
MISA said in recognition of Section 57 of the Zimbabwean Constitution which guarantees the right to privacy which right includes the privacy of communications, steps must be taken to shield citizens from excessive and unjustified State surveillance.
It said government should ditch pursuit of legal instruments which promote possible violations of the right to privacy as any limitation of this right, can only be to the extent that the ‘limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.’
“Further, MISA Zimbabwe also notes with concern the continued operation of the Interception of Communications Act together with its provisions that infringe on the right to privacy. The Act legitimizes surveillance but does not have any oversight mechanisms that prevent over-surveillance and extra-judicial surveillance.
“MISA Zimbabwe, therefore, reiterates its long-standing position that the Interception of Communications Act, needs to be reviewed and aligned with the 2013 Constitution.
Experts also concur that Interception of Communications Act will infringe on the exercise of rights and is not in keeping with international human rights standards through various aspects which include the following:
It gives powers that ‘authorities may obtain warrants to intercept private communications through a process that is controlled by members of the Executive and not subject to independent scrutiny and oversight, whether from a judicial or other monitoring body or the public.’
Similarly the recently gazetted Cybersecurity and Data Protection Bill also has provisions that entrench surveillance as well as its failure to establish an Independent Data Protection Authority and the authorisation of the use of remote forensic tools such as keystroke loggers, said MISA.
