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Dec 9, 2023Keywords:
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Response to Brand et al. (2022) ‘Data sharing governance in sub-Saharan Africa during public health emergencies
Donrich Thaldar
Lukman Abdulrauf
Paul Ogendi
Amy Gooden
Dusty-Lee Donnelly
Beverley Townsend
Abstract
Significance:
Various aspects of Brand et al.’s (S Afr J Sci. 2022;118(11/12), Art. #13892) overview of Africa’s data protection legislation require clarification. Most pertinently, we provide the following clarifications:
• Ghanaian law does provide for cross-border data transfers; statements about the law being “inadequate” ought to be well substantiated.
• Nigerian law provides for adequacy decisions – not authorisations – in respect of cross-border data transfers.
• Kenyan law provides for an important exception relevant to public health emergencies.
• South African law currently requires, amongst others, prior authorisation from the Information Regulator for cross-border transfers of health data.
• South Africa does not yet have a code of conduct for research.
