Cyber Law at Botswana
Botswana has established a comprehensive legal framework to address cybercrime, data protection, and cybersecurity, aligning with international standards and regional best practices.
Cybercrime Legislation
The Cybercrime and Computer Related Crimes Act, 2018 criminalizes various offenses, including unauthorized access to computer systems, data breaches, identity theft, and electronic fraud. The Act also addresses online hate speech and the dissemination of illegal content. It applies to both individuals and entities exploiting technology and the internet for criminal activities.
Data Protection Law
Botswana's Data Protection Act, 2024, effective from January 14, 2025, strengthens the regulatory framework for personal data privacy. Key provisions include:
Data Subject Rights: Individuals have the right to access, correct, delete, and restrict processing of their data. They can also request data portability and object to automated decision-making.
Children’s Data: Consent from a parent or guardian is required to process a child’s personal data unless the child is 16 or older and can provide independent consent under the Botswana Children’s Act.
Cross-border Transfers: Personal data may be transferred outside Botswana only if the destination country ensures adequate data protection measures.
Data Breach Notifications: Data controllers must notify the Information and Data Protection Commission within 72 hours of discovering a data breach. Affected individuals should be informed without undue delay if their rights or freedoms are at risk.
Penalties for Non-compliance: Violations can result in fines up to BWP 50 million or 4% of global turnover, whichever is higher, and imprisonment for breaches of confidentiality or unauthorized data use.
Cybersecurity Framework
Botswana is in the process of finalizing its first comprehensive cybersecurity law. The proposed legislation aims to protect critical sectors such as electricity, water, and healthcare by establishing mandatory cybersecurity protocols. It includes provisions for the identification of Critical National Information Infrastructure (CNII) and imposes stringent penalties for cybercrimes, including cyber-extortion and the creation of harmful fake social media profiles. The law also proposes the establishment of a National Cybersecurity Commission to oversee implementation and compliance.
In summary, Botswana is actively enhancing its legal and institutional frameworks to address cybercrime, data protection, and cybersecurity, aligning with international standards and regional cooperation efforts. These developments aim to strengthen the country's resilience against cyber threats and ensure the protection of personal data for its citizens.
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