The Development of Namibia’s Data Protection Bill by Mr Samson Muhapi, Data Protection Expert

Описание: The development of Namibia’s Data Protection Bill has been a multi-year effort to establish a legal framework for privacy and digital trust, with Mr Samson Muhapi serving as a central technical expert in its refinement.
Role of Mr Samson Muhapi
Samson Muhapi is a prominent Data Protection Specialist and Board Chairperson who has represented Africa RISE (a European Union-funded initiative) during the bill's development.
• Technical Guidance: He has been a key facilitator for the Ministry of Information and Communication Technology (MICT), presenting draft legislation and conducting workshops to align Namibia with international standards like the GDPR.
• Stakeholder Validation: In August 2023, he played a lead role in the Stakeholders' Validation Workshop, where he emphasised that the bill would require data controllers to be certified to process personal data.
• Advocacy for Compliance: Muhapi has highlighted that the bill will introduce sanctions for non-compliance once codes of conduct are approved by a new supervisory authority.
Development Timeline & Current Status
• Inception (2021–2022): Initial drafts were circulated for public comment by the MICT, aimed at protecting the constitutional right to privacy.
• Validation (2023): A "final draft" was subjected to intense stakeholder review to address concerns regarding digital rights and human rights impacts.
• Legislative Progress (2025–2026):
o In August 2025, ICT Minister Emma Theofelus announced the bill was slated for tabling in Parliament by September 2025.
o As of early 2026, the bill is a critical prerequisite for other digital initiatives, such as the rollout of electronic signatures and the national e-ID card.
Key Features of the Bill
• Establishment of an Authority: It proposes a Data Protection Supervisory Authorityto oversee enforcement.
• Data Subject Rights: Grants individuals the right to access, rectify, and object to the processing of their data, as well as a "right to be forgotten" in certain contexts.
• Transborder Flows: Sets strict conditions for transferring Namibian personal data to other countries.
• Special Protections: Includes specific clauses for protecting children's data and addressing online violence against women.