Law

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

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.