In an increasingly digitised world, the importance of cyber and data protection cannot be overstated. Governments, organisations and individuals alike strive to safeguard sensitive information from breaches and misuse.
However, the notion of establishing a complete and comprehensive system for cyber and data protection licensing is fundamentally flawed. I will explore the complexities surrounding data management, especially in contexts such as Zimbabwe, where reliance on foreign technology and infrastructure complicates the landscape of data protection.
To understand the challenges of data protection, one must first recognise the global nature of data management.
In Zimbabwe, as in many countries, organisations rely heavily on hardware and software that are sourced from foreign entities. This reliance creates a web of complications, particularly when considering how data is processed and stored. For instance, WhatsApp, a US-based company, handles vast amounts of data, including that of Zimbabwean users. Questions arise regarding jurisdiction and control.
How can a local organisation ensure that its data is managed according to Zimbabwean laws when the servers and systems are located abroad? Furthermore, the legal frameworks governing data protection vary significantly across countries, leading to potential conflicts and gaps in compliance.
Zimbabwe’s dependency on foreign technology presents a significant obstacle to achieving robust data protection.
The software and hardware used by banks, financial institutions and mobile money services are predominantly acquired from international vendors. Consequently, sensitive financial data often resides on servers located outside the country, making it vulnerable to foreign governance and legal systems.
Moreover, the lack of control over these foreign infrastructures raises critical questions about data sovereignty.
When data is stored abroad, it is subject to the laws of the host country, which may not align with Zimbabwean regulations. This discrepancy can lead to scenarios where local laws are rendered ineffective, leaving individuals and organisations exposed to risks that are beyond their control.
Zimbabwe's chronic electricity shortages further exacerbate the data protection dilemma. With frequent power outages, organisations are compelled to seek alternative solutions for data storage and management. Many opt to store their data abroad, where power stability is less of an issue.
While this may seem like a practical solution, it compounds the challenges associated with data sovereignty and jurisdiction.
Storing data internationally may provide immediate relief from local infrastructural issues, but it also means that sensitive information is even more distanced from local regulatory oversight. This creates a paradox where the very measures taken to ensure data security may inadvertently increase vulnerabilities. A striking aspect of Zimbabwe's digital landscape is the overwhelming reliance on global platforms, particularly in the realm of email services.
Over 90% of emails in the country are hosted on platforms like Gmail, including accounts used by government officials. This reliance on foreign services raises critical questions about accountability and oversight. How can individuals and organisations that depend on foreign services advocate for and enforce local data protection laws? When the very tools used for communication and data management operate under the auspices of foreign entities, the power to influence policies or practices diminishes.
This situation creates a disconnect between regulatory frameworks and the entities they are designed to govern.
Given these complexities, the idea of implementing a complete licensing system for cyber and data protection appears increasingly unrealistic. While licensing can play a role in establishing standards and accountability, it cannot fully address the myriad challenges posed by international dependencies and the limitations of local infrastructure.
Moreover, the rapid pace of technological advancement means any regulatory framework put in place may quickly become outdated. Cyber threats are constantly evolving and a static licencing system would struggle to keep pace with emerging risks and technologies.
This dynamic landscape requires a more flexible and adaptive approach to regulation and oversight.
The quest for a complete and full proof system for cyber and data protection licencing is fraught with challenges and contradictions. In a globalised world, where data flows freely across borders, local regulations often struggle to keep pace with the realities of digital communication and storage. Zimbabwe’s reliance on foreign technology, coupled with infrastructural challenges, further complicates efforts to implement effective data protection measures.
Instead of striving for an elusive comprehensive licensing system, stakeholders should prioritise collaborative, pragmatic approaches that acknowledge and address the complexities of the current landscape.
By focusing on education, infrastructure development and adaptive regulatory practices, it is possible to create a more resilient framework for data protection that serves the interests of all stakeholders involved.
Mutisi is the CEO of Hansole Investments (Pvt) Ltd. He is the current chairperson of Zimbabwe Information & Communication Technology, a division of Zimbabwe Institution of Engineers. — chair@zict.org.zw or 263 772 278 161.
