DLA Piper Intelligence

Data Protection
Laws of the World

Law

Namibia
Namibia

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. 

Namibia recognizes 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 

The Namibian Government is currently drafting a Data Protection Policy that, although not yet public, is expected to: 

  • protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to data processing
  • protect Namibian citizens from abuse of their personal data, and
  • harmonize Namibia’s data protection policy and legal framework with regional and international standards to promote the free flow of personal data under conditions of assurance and trust 

Further, the Ministry of Information and Communication Technology (MICT) is expected to finalize a draft Data Protection bill in 2019 or 2020.

Last modified 23 May 2019
Law
Namibia

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. 

Namibia recognizes 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 

The Namibian Government is currently drafting a Data Protection Policy that, although not yet public, is expected to: 

  • protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to data processing
  • protect Namibian citizens from abuse of their personal data, and
  • harmonize Namibia’s data protection policy and legal framework with regional and international standards to promote the free flow of personal data under conditions of assurance and trust 

Further, the Ministry of Information and Communication Technology (MICT) is expected to finalize a draft Data Protection bill in 2019 or 2020.

Last modified 23 May 2019
Definitions

Definition of Personal Data

Not defined.

Definition of Sensitive Personal Data

Not defined.

Last modified 23 May 2019
Authority

There is no national data protection authority in Namibia.

Last modified 23 May 2019
Registration

There is no registration requirement.

Last modified 23 May 2019
Data Protection Officers

MICT

Last modified 23 May 2019
Collection & Processing

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

Last modified 23 May 2019
Transfer

There are no data transfer restrictions in place.

Last modified 23 May 2019
Security

There are no data security requirements.

Last modified 23 May 2019
Breach Notification

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

Last modified 23 May 2019
Enforcement

There is no enforcement mechanism in place.

Last modified 23 May 2019
Electronic Marketing

There are no electronic marketing regulations.

Last modified 23 May 2019
Online Privacy

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

Last modified 23 May 2019
Contacts
Peter Johns
Peter Johns
Director
Ellis Shilengudwa Incorporated
T +264 61 242224
Last modified 23 May 2019