The Digital Town Square Problem: public interest info online | IGF 2023 Open Forum #132

11 Oct 2023 08:30h - 09:30h UTC

Event report

Speakers and Moderators

Speakers:
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Moderators:
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Table of contents

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Knowledge Graph of Debate

Session report

Martin Wimmer

The African Union data policy framework is receiving significant support from BMZ (The Federal Ministry for Economic Cooperation and Development) and the German government, as they have committed €20 million to the initiative. This funding is part of a wider effort to provide a total of €57 million in European contributions towards the implementation of the framework in 10 to 15 partner countries. The aim of this initiative is to enhance data governance and strengthen data-related sectors in Africa.

The framework focuses on several key areas, including data policy, data value creation, and data infrastructure. By emphasising these areas, the African Union aims to pave the way for a more effective and inclusive data ecosystem on the continent. This initiative recognizes the importance of data-powered policymaking and its potential to drive positive change by allowing governments and policymakers to rely on data-based evidence for decision-making. Consequently, the framework supports efforts to increase the availability and accessibility of data for citizens and encourages the use of data to address societal challenges.

Another crucial aspect of the framework is its commitment to addressing inequality in data sets under the guidance of feminist development policy. By integrating a gender data lab into the National Statistics Office in Rwanda, the initiative is taking steps to ensure that data captures the experiences and perspectives of all genders, thereby promoting greater gender equality in data-driven decision-making.

Promoting digital and technical skill development is also a significant objective of the African Union data policy framework. The initiative acknowledges the importance of equipping individuals, particularly young women, with the necessary knowledge and skills to navigate the digital landscape. By supporting the public sector, the private sector, and civil society in acquiring digital skills, the framework seeks to empower individuals to actively participate in the digital economy and benefit from the opportunities presented by digitization.

Countries around the world are recognizing the increasing significance of regulating data to protect their citizens and their digital ecosystems. The African Union data policy framework acknowledges that data represents a package of commodities such as knowledge, education, news, music, art, products, software, identities, rights, and money. Hence, countries are seeking to regulate data to ensure that harmful programs like spyware and false information like fake news do not cross their digital borders. This regulation aims to create a safer and more secure digital environment for citizens while also promoting economic growth and reduced inequalities.

However, it is worth noting that the author of one argument believes that the focus should be on open data and an open internet for everyone, rather than just data markets that primarily benefit a few tech companies. This perspective suggests that prioritizing openness and accessibility can lead to a more inclusive digital landscape and foster greater innovation and collaboration across various sectors.

In conclusion, the African Union data policy framework is receiving substantial support from BMZ and the German government, with a commitment of €20 million. This initiative aims to enhance data governance, promote data-powered policymaking, address inequality in data sets, and foster digital and technical skill development. Moreover, countries are recognizing the importance of regulating data to protect their citizens and promote economic growth. However, there is an ongoing debate regarding the focus on open data and an open internet for all, emphasizing inclusivity and equal access to digital resources.

Audience

The analysis focuses on various aspects of data management and governance, highlighting the importance of both informal and formal internal processes. It asserts that informal processes within organisations play a crucial role in ensuring quality assurance in data management, particularly in managing incorrect or suspicious data. This implies that organisations need mechanisms in place to identify and address data discrepancies effectively.

Furthermore, it is argued that a combination of formal and informal internal processes is necessary to ensure data accuracy while developing capacity. The analysis provides specific examples, such as the management of inaccuracies in data from the population registry, such as age or income errors. This suggests that organisations need to establish robust internal processes to handle data inaccuracies effectively, thus ensuring the reliability and integrity of the data they manage.

The analysis also sheds light on the challenges faced by African countries in implementing multiple data policies and conventions. It suggests that the popularisation of the African Union data policy framework at national and regional levels is crucial. Additionally, the ratification of the Malabo Convention is deemed important, as it addresses key issues such as personal data protection, electronic commerce, and cybersecurity.

Notably, concerns are raised regarding the inclusion of foreign private corporate data collection in the AU framework. This observation indicates that there is ambiguity around how such data collection should be considered within the framework, highlighting the need for clarity and guidelines in handling this aspect.

Another noteworthy point is the concern around how the Africa Data Policy Framework addresses issues of capacity and usage by small and medium-sized enterprises (SMEs). The analysis highlights that whilst some organisations in Africa collect large amounts of data, SMEs are reportedly not able to effectively utilise the data they collect. Additionally, data collection is observed to be happening in silos, resulting in limited movement and usage. This indicates a need to address capacity building and enhance the utilisation of data by SMEs.

In conclusion, the analysis emphasises the importance of both informal and formal internal processes for data management. It calls for the popularisation of the African Union data policy framework and the ratification of the Malabo Convention. Furthermore, the analysis highlights concerns regarding foreign private corporate data collection, as well as the capacity and usage of data by SMEs. The need for collaboration, data movement, and usage within African organisations is also emphasised. Overall, the analysis provides valuable insights into the challenges and recommendations relating to data management and governance in various contexts.

Alexander Ezenagu

The analysis focused on the importance of data governance in Africa, highlighting several key points. Firstly, it was mentioned that interconnectivity and broadband expansion at national, regional, and continental levels are critical for effective data governance. This is because access to high-speed internet is essential for data transmission, storage, and analysis. Additionally, investment in Green ICT, which promotes environmentally friendly practices in information and communication technology, was identified as necessary to ensure sustainable data management.

Regarding data ownership, it was argued that irrespective of the funding source for data generation, countries in Africa should have the right to manage and own their data. Some African countries are currently renegotiating donor grants specifically concerning data ownership rights. This demonstrates the growing recognition of the importance of sovereignty over data.

Cultural, religious, and policy differences among African countries were emphasized in the context of data generation. The analysis pointed out that data usage and generation practices may vary based on the specific cultural and religious values of different countries. For instance, there may be different data usage provisions in Kenya compared to a Sharia-compliant country. The negotiation of sovereignty issues in the digital space by many African countries further highlights the need to consider these differences in data governance frameworks.

The need for a continental standard on data collection and usage, based on cultural values, was discussed. By establishing a standard, it becomes possible to ensure that data practices align with the cultural values of African societies. An example was given of the discussion between Kenya and TikTok, where some Kenyan government sects expressed concerns about the impact of TikTok on the morality of young people. This highlights the need to incorporate cultural values into data governance to address such concerns effectively.

Another important aspect discussed was the implementation of digital service taxation to prevent countries from creating barriers to data penetration. It was argued that if tax laws are not harmonised, countries may block digital platforms like Facebook, Twitter, or Netflix, viewing them as extraterritorial and wanting a share of their revenue. Therefore, digital service taxation is seen as a solution to prevent such barriers and facilitate data flow.

The analysis also emphasised the holistic consideration of digital trade and data generation. Non-tariff barriers were identified as a challenge to the successful implementation of the African Continental Free Trade Agreement (AFCFTA). Tax issues and the lack of harmonisation of laws were mentioned as examples of these non-tariff barriers. By addressing these barriers, African countries can enhance digital trade and the generation of data, contributing to economic growth and development.

Finally, the analysis raised the question of data’s role in society’s morality and potential issues of taxation. The impact of data on morality and whether it should be treated as an asset or a flow were discussed. These considerations reflect the ethical and economic dimensions of data governance.

In conclusion, the analysis highlights the importance of interconnectivity, investment in Green ICT, and data ownership rights in Africa’s data governance framework. It emphasises the need to consider cultural, religious, and policy differences among African countries and develop a continental standard on data collection and usage. The implementation of digital service taxation and the holistic consideration of digital trade and data generation were also discussed. The analysis further raises questions about data’s role in society’s morality and potential taxation issues. Overall, these insights provide valuable guidance for shaping effective data governance strategies in Africa.

Liping Zhang

The analysis explores various perspectives on Africa’s Data Policy Framework, providing insights into key arguments and supporting evidence. It commends the collaboration between the EU Commission and African member states in developing the framework, which is seen as a strong foundation for enhancing data policies across Africa. The analysis expresses optimism that the framework will enable Africa to actively participate in international discussions on data policies.

Regarding data governance, the analysis identifies the need for a coordinating mechanism in the UN system to address the challenges posed by multiple data governance processes. It argues for a common approach at the African Union (AU) level to guide member states in international discussions. This perspective maintains a neutral sentiment, acknowledging the complexity of data governance and advocating for streamlined coordination.

The significance of capacity building and development is underlined as a key factor in maximizing the benefits of the data era. The analysis highlights the lack of infrastructure and human capacity as major challenges that need to be addressed. The data is viewed as a value chain, requiring capacity at each stage. Additionally, the analysis emphasizes the limited financing available for developing countries to capitalize on the opportunities presented by the data era. This perspective views capacity building and development as critical for African countries to fully harness the potential of data.

Standards and quality assurance play a vital role in ensuring reliable and valuable data. The analysis argues for the necessity of standards to ensure quality assurance, and highlights the role of metadata standards in enhancing overall data quality. This viewpoint recognizes the importance of standardized approaches in data management and quality control.

The necessity of strengthening public data ability is also emphasized, with a positive sentiment towards this recommendation. Enhancing public data ability is seen as essential in effectively utilizing data-driven solutions and promoting transparent and accountable governance.

Cooperation in data areas, both at the AU and global level, is emphasized as crucial for successful data policies. The analysis asserts that international cooperation in data areas is essential, and suggests that the experience gained from cooperation at the AU level can serve as a valuable example for global cooperation efforts. This perspective acknowledges the interconnectedness of data-related challenges and the need for collaborative solutions.

Lastly, the analysis expresses appreciation for the AU Data Policy Framework as a significant achievement on a continental scale. It characterizes it as the largest continental-level data policy framework and underscores the importance of collective efforts towards data policy development in Africa.

In conclusion, the analysis provides a comprehensive overview of the viewpoints surrounding Africa’s Data Policy Framework. It commends the collaborative efforts of the EU Commission and African member states in developing the framework and identifies key areas such as data governance, capacity building, standards, cooperation, and public data strengthening as crucial for successful data policies. The analysis offers valuable insights into the challenges and opportunities presented by the data era in Africa and highlights the importance of sustained efforts and collaboration in harnessing the potential of data for sustainable development.

Souhila Amazouz

The African Union (AU) has adopted the AU Data Policy Framework with the aim of raising political awareness about the strategic importance of data. This framework addresses both personal and non-personal data, as well as value creation and cross-border data flow. It seeks to provide a comprehensive approach to data governance.

One of the key objectives of the framework is to facilitate the smooth flow of data across African countries. This emphasises the importance of cooperation and includes action points at both the continental and regional level. The framework acknowledges the need for digital infrastructure, connectivity, and appropriate legal and regulatory frameworks. By highlighting these aspects, it aims to create an enabling environment for the flow of data, which can drive innovation and economic growth.

The AU Data Policy Framework is built on principles such as trust, fairness, safety, accountability, and cooperation. It aims to implement the principle of solidarity and collaboration among African countries. These principles are considered essential for fostering a reliable and secure data ecosystem that respects individuals’ rights.

Furthermore, the AU is complementing the Data Policy Framework with additional initiatives such as guidelines on integrating data in digital trade agreements and an open data strategy. These initiatives further strengthen the AU’s commitment to harnessing the potential of data for sustainable development and partnerships.

The implementation of the framework is currently underway, with various activities to support its adoption. Capacity-building workshops have been organised to promote understanding of the framework, and a self-capacity assessment tool has been developed. These activities are crucial for ensuring that countries have the necessary skills and knowledge to effectively implement the framework and protect citizens’ data.

In terms of progress, African countries are actively developing their data policies and legislation. Some countries have already started working on their national data policies, while others are focusing on legislation for personal data protection. Moreover, regional and continental efforts are also being made to facilitate collaboration and cooperation in data governance.

Notably, the AU Data Policy Framework has a complementary relationship with the Manapur Convention. The Manapur Convention serves as the instrument that regulates data protection, cybercrime, and electronic transactions. In contrast, the AU Data Policy Framework shapes data governance and policy across the continent. This relationship highlights the multifaceted approach that the AU is taking to address data-related challenges.

In conclusion, the AU Data Policy Framework is a significant step towards realizing the potential of data in Africa. By addressing key aspects of data governance, facilitating data flow, and promoting principles such as trust and accountability, the framework sets the stage for a robust and sustainable data ecosystem. Ongoing implementation efforts and the support of various initiatives are helping African countries progress in developing their data policies and legislations. The AU Data Policy Framework, in conjunction with the Manapur Convention, provides a comprehensive framework for data protection and governance on the continent. Capacity-building activities are crucial for successful implementation. This comprehensive approach will create an enabling environment for data-driven innovation, economic growth, and regional collaboration in Africa.

Moderator – Alison Gillwald

The African Union Data Policy Framework, which was passed early last year, is not just a data protection framework but rather a comprehensive data governance framework. It supports the broader continental developments around the digital transformation strategy. This framework is essential for enabling the successful implementation of the digital transformation strategy in the African Union. It leverages the African Continental Free Trade Area Agreement and mandates the creation of a data policy framework and a digital ID interoperability framework.

The digital services protocol, which is currently being negotiated as part of the African Continental Free Trade Area Agreement, plays a crucial role in establishing a common digital market. Without the necessary digital underpinnings and established frameworks, the continental common market could become very uneven. Therefore, the digital services protocol is of great significance for ensuring a fair and balanced digital market integration across the continent.

However, in order to implement these frameworks effectively, capacity building is essential. The challenge lies in the implementation and domestication of these enabling frameworks at the national level. There is a need for countries to develop their national data policies and establish the necessary infrastructure and capabilities through capacity building workshops. Additionally, technical standards for standardisation amongst national systems for cross-border data flows can be put in place to ensure interoperability.

It is important to note the role of data in spurring economic growth, particularly in terms of economies of scope and scale needed for international engagement. The creation of value through data is crucial and should be balanced with protecting the interests of citizens and economies. Data flows in and out of Africa are currently asymmetrical, with limited control and enforcement. It is therefore necessary to address these imbalances to ensure that the continent has better control and enforcement over data flows.

Global governance and cooperation are also crucial for effective enforcement of data policies. Many of the issues related to data governance and digital transformation cannot be enforced without global governance and cooperation.

Alignment of national objectives, particularly in terms of commercial value creation, should emphasise public value creation as a priority. Public data holds significant potential for informing policymaking, and there should be a focus on its management, access, and open data frameworks. This alignment is necessary for achieving sustainable economic growth while considering the broader societal impact.

In conclusion, the African Union Data Policy Framework, along with the digital services protocol, plays a vital role in the digital transformation strategy and the establishment of a common digital market. However, implementation and domestication at the national level pose challenges. Capacity building, standardisation, and interoperability are key factors for effective implementation. It is also crucial to ensure a balance between value creation, economic development, and the protection of citizens’ interests. Improved control and enforcement of data flows, along with global governance and cooperation, are necessary. Additionally, aligning national objectives with public value creation and utilising public data for policymaking are essential components for achieving sustainable economic growth in the African Union.

Paul Baker

The African Union (AU) has established a data policy framework that places great importance on the proper handling of data. This framework is considered innovative as it sets out core principles that should be followed when dealing with data. These principles include ensuring the free and secure flow of data, upholding human rights and security, and ensuring equitable access to the benefits derived from data. These principles are also incorporated within the digital trade negotiations under the African Continental Free Trade Area (AFCFTA) protocol, demonstrating a commitment to prioritising data policy in the context of cross-border trade.

Additionally, the AU emphasises the significance of inclusivity, interoperability, innovation, and accountability when it comes to treating data. These principles are highlighted in the AU’s data policy framework and are also a fundamental part of the digital services covered by the AFCFTA protocol. By adopting these principles, the AU aims to ensure that data treatment is conducted in a fair, effective, and responsible manner.

However, one major challenge observed is the time-consuming implementation of conventions, such as the Manapur Convention. This convention, which relates to peace, justice, and strong institutions, took nine years to be fully implemented despite being adopted nearly a decade ago. This delay raises concerns about the effectiveness and efficiency of the implementation process, and consequently, the ability to achieve the desired outcomes.

Another issue worth noting is the lack of recognition by the European Union (EU) of certain African countries as being compliant with the General Data Protection Regulation (GDPR). Even African countries that have implemented legislation aligned with the GDPR are not acknowledged as compliant by the EU. This lack of equivalence poses a significant challenge, as it prevents the sharing of data between European Union and African subjects. This issue underscores the need for strong data protection measures and cooperation between regions.

In conclusion, the AU has made significant strides in developing a data policy framework that prioritises the proper handling of data. The core principles set out in this framework, as well as those incorporated in digital trade negotiations, aim to ensure the free and secure flow of data, protect human rights, and ensure equitable access to data benefits. However, challenges remain, such as the time-consuming implementation of conventions and the lack of recognition of GDPR compliance by African countries. These challenges highlight the need for continued efforts to enhance data policy and ensure effective implementation for the benefit of all.

Trudi Hartzenberg

Digital trade is currently a key area of focus in the agenda of the African Continental Free Trade Area (AFCFTA). Discussions on digital trade were included in the AFCFTA agenda in 2021, highlighting its increasing importance in the global economy. A comprehensive legal instrument is being developed under the AFCFTA, covering various aspects of digital trade such as cloud services, streaming, and gaming. This indicates that the agreement will address a wide range of issues and provide a robust framework for digital trade within the African continent.

Negotiations on the Draft Protocol for Digital Trade are currently underway. Several rounds of meetings and negotiations have already been concluded, demonstrating the commitment to reaching a consensus on digital trade issues. However, there are still some outstanding matters that need to be resolved, including cross-border data transfers, the location of computing facilities, and customs duties on digital transactions. These unresolved issues highlight the complexity of digital trade and the need for careful consideration and negotiation.

It is crucial for national policy and legal frameworks to align with the continental framework to ensure coherence and consistency in digital trade regulations. Currently, the alignment of national policies and legal frameworks with the continental framework is an important topic that has not yet been agreed upon in the negotiations. This emphasizes the need for further deliberation and consensus-building among AFCFTA member countries to harmonize their policies and regulations.

Data policy and governance are seen as cross-cutting policies that intersect with various aspects of digital trade. The African Continental Free Trade Area protocol on digital trade, along with its connections to other protocols, contains provisions related to data governance. This indicates the recognition of the significance of data management and protection in the digital era. The inclusion of data policy and governance in the AFCFTA framework reflects a commitment to ensuring responsible and secure data practices within the continent.

However, there are implementation challenges in various areas, including data, data governance, consumer protection, trade in services, and intellectual property rights. These challenges not only affect the protocol on digital trade but also impact other aspects of trade within the AFCFTA. It is important to address these challenges to fully realize the benefits of digital trade and foster sustainable economic growth within the African continent.

To effectively embed the commitments in data policy and governance frameworks, technical assistance is required at the national level. This highlights the need for capacity building and support to ensure that countries have the necessary expertise and resources to implement and enforce digital trade regulations. Collaboration and partnerships between AFCFTA member countries and development partners are vital in achieving the objectives related to data policy and governance.

In conclusion, digital trade is a significant area of focus in the AFCFTA agenda. The ongoing negotiations on the Draft Protocol for Digital Trade demonstrate the commitment to address various issues related to digital trade. The alignment of national policies and legal frameworks with the continental framework remains a topic of importance. Additionally, data policy and governance are considered cross-cutting policies that require careful attention and inclusion in the AFCFTA framework. However, there are implementation challenges that can be overcome through technical assistance and support from development partners. By effectively managing digital trade, the AFCFTA has the potential to unlock economic opportunities and drive inclusive growth within the African continent.

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