Breach Notification

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.

Definition of Personal Data

Not defined.

Definition of Sensitive Personal Data

Not defined.

There is no national data protection authority in Namibia.

There is no registration requirement.

MICT

There are no restrictions on the collection and processing of personal data.

There are no data transfer restrictions in place.

There are no data security requirements.

There are no requirements to report data breaches to any individual or regulatory body.

There is no enforcement mechanism in place.

There are no electronic marketing regulations.

There are no specific laws that regulate the manner in which personal data may be stored or transmitted online.