If you find copies of your academic papers or resume where you didn’t expect them to be, and you suspect them to have come from where, say, you applied for a job or study vacancy, you have the right to legal action.
It is common for companies and educational institutions to dump such papers after realising they no longer have use for them, and such papers are either found on garbage skips or being used for other purposes like packing sale items.
According to Stephen Mugabe, Manager Data Protection Affairs at the Personal Data Protection Office, this is a violation of the right to data privacy by the company, and penalties include jail terms and fines.
He was speaking at a national policy dialogue on emerging digital rights issues and policy and legal safeguards for the protection of human rights while promoting digital solutions in the context of business and human rights.
The dialogue was called by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), which works with support from Enabel and the European Union works to defend and expand the digital civic space to enable the protection and promotion of human rights and to enhance innovation and sustainable development.
According to Uganda Communications Commission (UCC), data protection is a duty of everyone who uses personal data, which, he says, should only be used for the purpose for which it was collected, or with the owner’s consent.
Abudu Sallam Waiswa, Legal Affairs and Compliance Head at Uganda Communications Commission (UCC), also warned mobile phone users, and other communication tools like teleconferencing, against recording calls without informing or seeking the consent of the other parties, which, he says, can also be actionable.
The partnership is implementing the “Advancing Respect for Human Rights by Businesses in Uganda (ARBHR) project”, which seeks to, among others, reduce human rights abuses connected to business activities in Uganda, particularly those impacting women and children.
While Uganda has seen a relatively fast digital transformation over the last decade, the government admits that there are challenges to this, including the protection and promotion of digital rights.
These include data privacy, freedom of expression, access to information, non-discrimination, and cybersecurity, which CIPESA says are critical to fostering a safe and inclusive digital environment. Yet, as businesses increasingly rely on digital technologies to operate and innovate, their role in upholding digital rights becomes very important.
Ambrose Ruyooka, Head of Department Research and Development at the Ministry of ICT and National Guidance, says the government has put in place frameworks that safeguard internet and digital communication users against violation of their rights by businesses, but that challenges remain.
These include cyber threats, misinformation and disinformation, among others, but says all service providers and private internet users must ensure every right is protected.
“Digital Expansion is not just about expanding technology; it is about people’s access to technology with dignity and rights,” Ruyooka says, adding, “People have the right to access to information, right to privacy and a right to safeguarding. As a Ministry, we need to ensure no one is left behind”.
The susceptibility to online threats like manipulation and exploitation thrives on limited digital literacy skills among some user groups, while limited access to resources like training, tools, and expert guidance hinders the ability of Small and Medium Size Enterprises to implement responsible digital practices.
This, according to CIPESA, calls for robust interventions. Many Ugandan businesses will continue to face cyber security threats that compromise data privacy and other digital rights.
Laurianne Comard, Programme Officer for Democracy, Governance, and Social Inclusion at the EU Delegation to Uganda, commended the progress Uganda is making in its digital transformation, especially in expanding the reach of internet access.
She however, calls for strong collaboration amongst all sectors to ensure all rights are protected.
CIPESA is running a project titled, “Promoting Human Rights in Business” with the main target being the use of ICT in the business sector.
“Businesses, including those that you may think are quite far from digital, i.e. sugarcane producers. We are enlightening the community on how their data is collected, how that data should be safeguarded and how they may be endangered,” said Edrine Wanyama, Legal Officer CIPESA.
The Uganda Human Rights Commission also has a role to play in its mandate of monitoring and enforcing human rights, regarding data privacy and businesses.
Ruth Sekindi, Director Monitoring and Inspections at the Commission, says many people have fallen victim to the abuse of data protection, with others suffering theft, kidnapping and trafficking, among others.
She says every person dealing with any business organisation must be protected, and where they suffer violations, there must be a remedy.
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