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Botswana Tackles Cybercrime in Finance: A Look at the Legislation and Regulations
Botswana has been a leader in addressing cybercrime in finance, with a range of legislation and regulations aimed at protecting citizens from online threats. In this article, we will take a closer look at the key laws and acts that form the backbone of Botswana’s cybersecurity framework.
Cybercrime and Computer Related Crimes Act
The Cybercrime and Computer Related Crimes Act, amended in 2018, is one of the primary pieces of legislation dealing with cybercrime. The Act criminalizes a range of offenses, including:
- Unauthorized access to a computer or computer system
- Unauthorized access to computer service
- Access with intent to commit or facilitate the commission of an offence
- Unauthorized interference with data
- Unauthorized interference with a computer or computer system
- Unlawful interception of data
- Unlawful possession of devices or data
- Unauthorized disclosure of password or access code
- Damage to a computer or computer system
- Critical national infrastructure
- Cyber extortion
- Cyber fraud
- Cyber harassment
- Cyber stalking
- Offensive electronic communication
- Pornographic or obscene material
- Revenge pornography
- Racist or xenophobic material
- Racist or xenophobic motivated insult
- Unlawful disclosure by service provider
Electronic (Evidence) Records Act 2014
The Electronic (Evidence) Records Act, which came into effect in 2014, gives evidential admissibility and weight to electronic records. This means that electronic evidence can be used in court to prove or disprove a fact.
Electronic Communications and Transactions Act
The Electronic Communications and Transactions Act protects internet service providers (ISPs) from liability for third-party material that is transmitted through their networks. The Act provides immunity to ISPs if they meet certain conditions, including:
- Not initiating the transmission
- Not selecting the addressee
- Performing functions in an automatic, technical manner without selection of data
- Not modifying the data contained in the transmission
ISPs are also protected from liability for caching services if they comply with rules on access to data and updating of data.
Similarly, ISPs are protected from liability for hosting services if they do not have actual knowledge that the electronic communication is infringing the rights of a third party and act quickly upon receipt of a take-down notification.
Data Protection Act
The Data Protection Act was assented to by the Parliament of Botswana on 3 August 2018 and is currently on notice, awaiting commencement. This Act aims to protect personal data and provide individuals with control over their personal information.
Constitutional Protections
The Constitution of Botswana protects the fundamental rights and freedoms of its people, including protection from inhuman treatment, protection from deprivation of property and protection of privacy of home and other property.
In conclusion, Botswana has a robust cybersecurity framework in place to protect citizens from cybercrime. The range of legislation and regulations aims to prevent and investigate cybercrime, while also protecting the rights of individuals and ISPs. As technology continues to evolve, it is essential that laws and regulations adapt to keep pace with emerging threats.