Gambia Battles Cybercrime in Finance with Data Protection Push

As The Gambia transitions into a digital economy, the country is facing the growing threat of cybercrime. To address this issue, the government has taken steps to adopt a data protection and privacy policy and develop a modern data protection legal framework.

Background

The Gambia’s rapid development in information and communication technologies (ICT) has raised concerns over privacy and personal data protection. In 2019, the government adopted the Data Protection and Privacy Policy, laying the foundation for institutional and legal frameworks for data protection and privacy.

Strengthening Data Protection

To further enhance data protection, the Government of The Gambia is preparing a modern data protection legal framework that could pave the way for accession to the Convention 108+ of the Council of Europe. The Ministry of Information & Communication Infrastructure has been leading the legislative drafting initiative since 2020 with support from the Global Action on Cybercrime Extended (GLACY+) Project and the Data Protection Unit of the Council of Europe.

Establishing a Data Protection Authority

Gambian authorities are seeking advice on how to set up an effective data protection authority. One option being considered is incorporating the Data Protection and Privacy Agency with the Access to Information Commission as one entity, similar to the Ghanaian model.

International Support

The Council of Europe has been requested to review the national existing and envisaged legal framework to determine whether this option is feasible while ensuring compliance with international standards. The Council will contract two international experts to conduct a desk study on the proposed merger of the two authorities.

Study Objectives

The study will analyze the Data Protection and Privacy Bill and the Right Access to Information Act, suggesting recommendations to the Gambian subcommittee on the feasibility of merging the two agencies. It will also provide examples of various models of setting up and functioning of data protection authorities and right to access authorities, with a focus on the Ghanaian model.

Validation Workshop

The second phase of the project involves organizing a validation workshop with Gambian counterparts, including stakeholders from public, private, and civil society. The international experts in charge of the desk study will lead the workshop, providing feedback on proposals and recommendations.

Conclusion

The Gambia’s efforts to combat cybercrime and protect personal data are crucial for the country’s inclusive growth. With the support of the Council of Europe, Gambian authorities can strengthen their legal framework and establish an effective data protection authority, ensuring the protection of fundamental rights in the digital age.