Dr Ismaila Ceesay, The Minister Of Information
By Ramatoulie Jawo
Dr. Ismaila Ceesay, the Minister of Information, Media, and Broadcasting Services, on Friday, moved a motion for the second reading of the Data Protection Bill, 2024. The bill aims to strengthen provisions related to data protection and privacy, outlining the principles for lawful data processing, the rights of data subjects, the legal responsibilities of controllers and processors, and cross-border data flows.
The bill also defines offenses and penalties, specifies exceptions, empowers law enforcement agencies, and establishes regulatory oversight mechanisms to protect personal data. It promotes and safeguards human rights and fundamental freedoms, particularly the right to privacy, in line with the Constitution of the Republic of The Gambia.
“Honorable Speaker, data protection and privacy-related matters emerged in the 1980s when the council of Europe felt the need to formulate legislation that would later become a global convention called Convention 108 plus in the context of processing personal data. Convention 180 plus emphasized the protection of individuals by holding data processors and controllers accountable for the security and integrity of private, confidential, or personally identifiable information in data objects,”he told the lawmakers.
He highlighted that the bill was prompted by advancements in ICT, increased connectivity, and the growing use of internet services. These developments have led to the extensive collection and use of personal data by both public and private sectors, generating new risks for individuals, including those in The Gambia.
Dr. Ceesay stressed the importance of ensuring that law enforcement, prosecutors, and the judiciary are bound by the appropriate legislation to protect individuals’ privacy rights.
“The bill seeks to provide a legal framework to regulate the processing of personal fat I’m ordering to promote and protect human rights and fundamental freedoms of individuals and in particular the rights to privacy in accordance with its embedded provisions as Weill as the constitution of the republic of the Gambia,” he informed the lawmakers.
He explained that the bill was initiated by the former Ministry of Information and Communication Infrastructure in collaboration with the Council of Europe. It underwent a comprehensive multi-stakeholder consultative process, engaging key stakeholders such as ministers, departments, agencies, regulatory and oversight authorities, private organizations, civil society groups, and local government authorities.
He further stated that a Data Protection and Privacy Committee was established to review the quality assurance aspects of the bill, ensuring that its provisions align with international best practices while addressing the local context. The committee consists of 12 entities.
He emphasized that if enacted, the bill would enable the government to protect personal data and safeguard fundamental rights, particularly the right to privacy, thereby fostering public trust in the use of personal data. This, he noted, is in line with Sections 2 and 3 of The Gambia’s 1997 Constitution.
The bill was adjourned without debate and will be referred to a committee for further review.