It’s is a big deal. Earlier this month, Africa saw a powerful resolution on access to data. The advance doesn’t right-away unlock the vast troves of data currently hidden away in public and private entities. But it puts this firmly on the continent’s agenda.
The resolution was agreed by the African Commission on Human and Peoples’ Rights (ACHPR), an organ of the African Union. It squarely affirms that: “Data held by public institutions and bodies receiving public funds, as well as that held by private actors where there is an overriding public interest in access, should be made publicly available by default, in alignment with the principle of maximum disclosure…” To this, it adds: “…except where justified by regional and international human rights standards.”
The ACHPR decision gets the balance right, and it also voices concern at “data exploitation practices mainly by the private sector, particularly by big tech entities”. The AU already has a Data Policy Framework, but this assumes that, somehow, data is simply available and that the only challenge is to use it across the continent. Now, we have a complementary push to address the access issue.
The resolution was agreed by the African Commission on Human and Peoples’ Rights (ACHPR), an organ of the African Union. It squarely affirms that: “Data held by public institutions and bodies receiving public funds, as well as that held by private actors where there is an overriding public interest in access, should be made publicly available by default, in alignment with the principle of maximum disclosure…” To this, it adds: “…except where justified by regional and international human rights standards.”
The ACHPR decision gets the balance right, and it also voices concern at “data exploitation practices mainly by the private sector, particularly by big tech entities”. The AU already has a Data Policy Framework, but this assumes that, somehow, data is simply available and that the only challenge is to use it across the continent. Now, we have a complementary push to address the access issue.
Promotion and Protection
The new resolution calls for both promotion as well as protection of data access. At present, Africa continent has an imbalance: 35 countries have data protection laws, while only 29 have access to information laws. Further, most of the ATI laws predate digital times and don’t explicitly mention “data” as part of the right to information. Also, they focus only on the public sector’s information holdings, with a blind spot about the data economy.
Currently, entities like TikTok and YouTube entertain free access to their data for North Americans and Europeans. Africans are excluded. Meta’s holdings are available in principle, though the data sets are limited – for instance, excluding data on the labelling of posts as having been fact-checked.
Kudos go to Ourveena Geereesha Topsy-Sono, the African Rapporteur for Freedom of Expression and Access to Information, who successfully presented the resolution at the ACHPR. And congrats too, to the members of the African Alliance for Access to Data (disclosure: I am voluntary convenor of this network). The Alliance engaged with the African Rapporteur in advance of the ACHPR meeting, and it will support her follow up to the resolution’s mandate to “consult broadly around the continent to examine and develop appropriate normative standards to guide data collection, deployment and access issues concerning data”.
The Alliance also played a leading part in UNESCO’s Accra Statement adopted in October on the International Day for Universal Access to information, and which is cited in the ACHPR resolution.
Onwards and upwards!
The new resolution calls for both promotion as well as protection of data access. At present, Africa continent has an imbalance: 35 countries have data protection laws, while only 29 have access to information laws. Further, most of the ATI laws predate digital times and don’t explicitly mention “data” as part of the right to information. Also, they focus only on the public sector’s information holdings, with a blind spot about the data economy.
Currently, entities like TikTok and YouTube entertain free access to their data for North Americans and Europeans. Africans are excluded. Meta’s holdings are available in principle, though the data sets are limited – for instance, excluding data on the labelling of posts as having been fact-checked.
Kudos go to Ourveena Geereesha Topsy-Sono, the African Rapporteur for Freedom of Expression and Access to Information, who successfully presented the resolution at the ACHPR. And congrats too, to the members of the African Alliance for Access to Data (disclosure: I am voluntary convenor of this network). The Alliance engaged with the African Rapporteur in advance of the ACHPR meeting, and it will support her follow up to the resolution’s mandate to “consult broadly around the continent to examine and develop appropriate normative standards to guide data collection, deployment and access issues concerning data”.
The Alliance also played a leading part in UNESCO’s Accra Statement adopted in October on the International Day for Universal Access to information, and which is cited in the ACHPR resolution.
Onwards and upwards!
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