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Cybercrime and Financial Institutions in Gambia: A Growing Concern
The Gambia, a small West African country, has been grappling with the issue of cybercrime. With an internet penetration rate of 70% and mobile penetration rate of 147%, the country’s digital landscape has become increasingly vulnerable to cyber threats.
Lack of Cybercrime Legislation
Despite its growing digital presence, The Gambia lacks adequate legislation to combat cybercrime. The country’s criminal code and evidence act do not provide sufficient provisions for the detection, investigation, and prosecution of e- crimes. This has led to a situation where many computer-related crimes are charged using general economic crime laws.
Why Cybercrime Legislation is Needed
The absence of cybercrime legislation has serious implications for financial institutions in The Gambia. Without adequate laws, it is difficult to obtain electronic evidence, making it challenging to investigate and prosecute cybercrimes. This lack of legislation also hinders the country’s ability to protect its citizens from online threats.
Reform Efforts
In response to these challenges, the Ministry of Information and Communication Infrastructure has taken steps to reform the country’s cybercrime legislation. An advisory mission from the Council of Europe assessed The Gambia’s laws in comparison with the Budapest Convention and highlighted necessary amendments.
The Process
A drafting committee comprising various stakeholders, including government agencies, civil society organizations, and the private sector, was established to draft a new cybercrime bill. The committee reviewed existing laws and drafted a comprehensive bill that addresses issues related to computer misuse, cybersecurity, and electronic evidence.
Challenges Ahead
Despite progress made in the reform process, challenges remain. Internal processes within government agencies need to be improved, and there is a need for more awareness and capacity building among stakeholders. Additionally, the country needs to address its deficiency in data protection and privacy legislation.
Lessons Learnt and Plans Ahead
The experience gained from the reform process has highlighted the importance of effective collaboration with local stakeholders. The country plans to:
- Engage with the National Assembly Select Committee on ICT
- Conduct series of capacity building activities
- Formulate data protection and privacy legislation
- Review the Information and Communication Act 2009
- Establish a national cybersecurity agency
In conclusion, cybercrime poses a significant threat to financial institutions in The Gambia. To address this issue, the country must prioritize the reform of its cybercrime legislation and build partnerships with local stakeholders and international organizations.