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Privacy in Uganda

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Privacy in Uganda 0 0 0 1 1 0 1 1 0 1 0 0 0 0 0 0 1 0 1 1 0 0 1 1 1 1 0 0 0 1 0 1 0 0 1 1 1 1 1 1 1 0 1 0 0 1 0 1 0 0 0 0 0 1 0 1 1 0 1 0 1 0 0 1 1 0 1 1 1 0 1 1 1 0 1 1 0 0 0 1 0 0 0 0 1 0 1 1 1 0 1 0 0 1 0 1 0 1 0 1 1 1 0 0 0 0 0 0 0 0 0 1 0 ! 0 0 1 1 0 1 1 0 0 0 1 0 1 1 0 ! 0 0 0 0 1 0 1 1 0 1 0 0 0 0 1 1 0 0 1 1 0 0 0 0 0 1 1 1 0 0 0 0 1 1 1 0 0 0 0 1 0 Privacy in Uganda 0 1 1 10 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 An Overview of0 How0 ICT Policies Infringe0 on Online Privacy 0 0 0 0 and Data Protection 0 0 0 0 0 0 0 0 0 @ CIPESA ICT Policy Briefing Series No. 06/15 December 2015 0 100110010010 1010110100 100010 010100 110101 001010 01001 001010 00 110101 00101001 001 01010 0010001 000100010100100 1000010 1010010 110101 00101001 001 010 0 110101 00101001 001 01010 0010001 000100010100100 1000010 101001010 010100 110101 00101001 001 0 1101 001001 001010 100110 010010 1010 110100 10010 0101 1101 001001 001010 100110 010010 1010 110100 10010 01010100 001010 10010 11101 001001 001010 100110 010010 1010 110100 10010 01010100 00 110101 00101001 001 01010 0010001 000100010100100 1000010 1010010 110101 001001 001010 110101 00101001 001 01010 0010001 0001000101 Introduction 00 110101 00101001 001 01010 0010001 000100010100100 1000010 101001010100 001001 100010 001010 11010 00 110101 00101001 001 01010 0010001 000100010100100 1000010 1010010 001001 00101001 001 0 001010 10010 11101 001001 001010 100110 010010 1010 110100 10010 0101010010 0010 00 110101 00101001 001 01010 0010001 000100010100100 1000010 1010 10100 1001 100010 0 00 110101 00101001 001 01010 0010001 000100010100100 1000010 1010010 As of June 2015, Uganda had an internet penetration rate of 37% and there were 64 telephone connections per 100 inhabitants.1 This was made possible by increasing investments in the Information Communication Technologies (ICT) sector by the private sector and – to a lesser extent - the government, proliferation of affordable smart phones and a steady decrease in internet costs enabled by a liberal competitive telecommunication sector. Through the national backbone infrastructure project, government has laid a total of 1,400 kms of fibre optic cable connecting major towns and government agencies across the country.2 Uganda is a landlocked country but its telecom and internet service providers are connected to high-speed submarine cables landing at the East African coast through Kenya and Tanzania. These cables include the East African Submarine cable System (EASSY), The East African Marine System (TEAMS), and SEACOM. A universal access fund known as the Rural Communications Development Fund (RCDF), which is funded by a 2% levy on telecom operators' revenue, has supported the establishment of internet points of presence (POPs), internet cafes and ICT training centres, among other internet related infrastructure across the country.3 Uganda is experiencing a decline in internet access costs. In 2012, the daily cost of mobile browsing for 20MB of data was UGX 500 (US$ 0.14) while a limited monthly mobile bundle for 1GB cost UGX 30,000-49,000 (US$ 9 – 14).4 As of November 2015, average daily cost for mobile browsing for 10MB is UGX 300 while 1GB costs between UGX 28,000 (US$ 8) on Uganda Telecom5 and UGX 35,000(US$ 10) on the MTN Uganda and Airtel Uganda. With new market entrants, the internet market is competitive with speeds being a key customer choice determinant. Also, many internet service providers (ISPs) provide free access to some features of social networks such as Facebook.6 In 2014, 6.7 million Ugandans were reported to be living below the poverty line compared to 7.5 million in 2010.7 Average income per capita is US$ 680.8 1 UCC, “Status of Uganda’s Communications Sector,” October 2015, http://ucc.co.ug/files/downloads/Annual%20Market%20Industry%20Report%202014-15-%20October%2019-2015.pdf 2 “NBI/EGI Project,” National Information Technology Authority – Uganda, accessed March 16, 2015, http://www.nita.go.ug/projects/nbiegi-project. 3 See the latest RCDF annual report here: http://ucc.co.ug/files/downloads/RCDF%20Annual%20Report%202014-15.pdf 4 UCC (2012), Mobile Internet Explained; http://www.ucc.co.ug/files/downloads/Mobile%20Broadband%20FAQs%20and%20Prices%20Final%20Final.pdf 5 Uganda Telecom, Mobile Data Bundle, http://www.utl.co.ug/internet/data-bundles/bundle-pricing/ 6 David Okwi (2015), Unlimited Internet Uganda: Vodafone’s Unlimited Internet package could be the best we know, Dignited, February 10, 2015, http://www.dignited.com/12073/unlimited-internet-uganda-vodafones-unlimited-internet-package-best-know/ 7 Poverty Status Report 2014; Structural Change and Poverty Reduction in Uganda, Ministry of Finance, Planning and Economic Development (2014), http://www.finance.go.ug/index.php?option=com_docman&Itemid=7&task=doc_download&gid=423 8 World Bank (2015) Uganda Country Profile, http://data.worldbank.org/country/uganda 2 Currently under a multiparty governance system, the country has 29 registered political parties and to date two general presidential elections have been held with the next due to take place in February 2016. However, allegations of voter intimidation and rigging have been cited by opposing parties. Growing access and affordability of ICT and the attendant benefits it offers citizens could, be undermined by laws that subtract from citizens’ privacy and the protection of their data. Notably, the Data Protection and Privacy Bill, 2014 falls short of protecting the privacy of Ugandan citizens. And, if passed in its current form, it would not be the only law in Uganda to breach citizens’ rights which the country is obliged to uphold under both national laws and international instruments. Uganda is a signatory to the Universal Declaration of Human Rights, which provides for freedom of expression and the right to privacy under Article 19 and 12, respectively.9 Article 19 states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Article 12 states; “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.’’ The country is also a signatory to the International Covenant on Civil and Political Rights, wherein Article 17 (1) affirms that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation; and (2) “Everyone has the right to the protection of the law against such interference or attacks.”10 Similarly, the Constitution of the Republic of Uganda provides for the right to freedom of expression and speech, privacy and access to information under Article 29 (1) (a)11, 27 (2) and 4112 respectively. Article 27 (2) states, “No person shall be subjected to interference with the privacy of that person's home, correspondence, communication or other property.” In this brief, we review various ICT-related laws in Uganda and how they uphold or undermine the privacy of citizens. The laws reviewed include; the Regulation of Interception of Communication Act, the Computer Misuse Act, the Anti-Pornography Act, and the Uganda Communications Act, 2013. The review results are grouped under various privacy or internet rights issues and how they are affected by the country’s laws. As of June 2015, Uganda had an internet penetration rate of 37% and there were 64 telephone connections per 100 inhabitants.1 This was made possible by increasing investments in the Information Communication Technologies (ICT) sector by the private sector and – to a lesser extent - the government, proliferation of affordable smart phones and a steady decrease in internet costs enabled by a liberal competitive telecommunication sector. Through the national backbone infrastructure project, government has laid a total of 1,400 kms of fibre optic cable connecting major towns and government agencies across the country.2 Uganda is a landlocked country but its telecom and internet service providers are connected to high-speed submarine cables landing at the East African coast through Kenya and Tanzania. These cables include the East African Submarine cable System (EASSY), The East African Marine System (TEAMS), and SEACOM. A universal access fund known as the Rural Communications Development Fund (RCDF), which is funded by a 2% levy on telecom operators' revenue, has supported the establishment of internet points of presence (POPs), internet cafes and ICT training centres, among other internet related infrastructure across the country.3 Uganda is experiencing a decline in internet access costs. In 2012, the daily cost of mobile browsing for 20MB of data was UGX 500 (US$ 0.14) while a limited monthly mobile bundle for 1GB cost UGX 30,000-49,000 (US$ 9 – 14).4 As of November 2015, average daily cost for mobile browsing for 10MB is UGX 300 while 1GB costs between UGX 28,000 (US$ 8) on Uganda Telecom5 and UGX 35,000(US$ 10) on the MTN Uganda and Airtel Uganda.
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