Data protection laws in Namibia
Namibia recognises the right to privacy as a fundamental human right under Article 13 of the Namibian Constitution. Accordingly, all persons have a right to privacy in their homes and communications. The right to privacy is limited as required by law and in the interest of protecting:
- national security and public safety;
- the nation’s economy;
- health and morals;
- against disorder and crime;
- the rights and freedoms of others.
Save for the constitutional right to privacy, Namibia has not enacted comprehensive data privacy legislation. However, various sector-specific laws are in place to protect client information, including in the legal and banking sectors.
The Namibian Government has published the Draft Data Protection Bill, 2021. The objectives of this draft Bill are to:
- establish a Data Protection Supervisory Authority and to provide for its powers, duties and functions;
- establish obligations of data controllers and processors;
- make provision for the regulation of the processing of information relating to individuals in order to protect the fundamental rights and freedoms of individuals, and in particular, their right to privacy concerning the processing of such information;
- provide for the rights of individuals about whom information is processed;
- provide for restrictions and exceptions under the provisions of this Act; and
- provide for codes of conduct of controllers and processors and for matters connected therewith.
