Financial Crime World

GAMBIA: Data Protection and Privacy in the Digital Economy Era

The transition of The Gambia into a digital economy has brought with it new challenges and opportunities for data protection and privacy. As online banking, social media platforms, and online services become increasingly prevalent, it is essential to establish measures to protect individual rights.

Recognition of Privacy as a Fundamental Human Right

In recent years, the government of The Gambia has recognized privacy as a fundamental human right, leading to the adoption of a Data Protection and Privacy Policy in 2019. Building on this progress, the Ministry of Information & Communication Infrastructure is working to prepare a modern data protection legal framework, with the aim of considering accession to Convention 108+ of the Council of Europe.

Establishment of a New Data Protection Authority

The government is seeking to establish a new data protection authority and is considering incorporating the Data Protection and Privacy Agency mandates with the Access to Information Commission as one entity. This approach follows the successful Ghanaian model, which balances data protection and access to information effectively.

Support from the Council of Europe’s Global Action on Cybercrime Extended (GLACY+) Project

The GLACY+ project is providing support to The Gambia in reviewing its existing and envisioned legal framework to ensure compliance with international standards. Two international experts will conduct a desk study, examining:

  • The Data Protection and Privacy Bill
  • The Right Access to Information Act
  • Examples of various models for setting up and functioning data protection authorities and right to access authorities

The desk study will also comment on the feasibility of adopting the Ghanaian model in The Gambia, taking into account its national legal framework. The findings and recommendations will be presented at a validation workshop with Gambian counterparts from public, private, and civil society sectors.

Importance of Establishing a Robust Data Protection Regime

The establishment of a robust data protection regime is crucial for the inclusive growth of The Gambia’s digital economy. This initiative aims to ensure the rights and freedoms of individuals in the face of emerging cybercrime threats.