The Law Association of Zambia (LAZ) has expressed serious concerns regarding the proposed Cybersecurity Bill currently under consideration by the National Assembly. While acknowledging the government’s intentions to address cyber threats and terrorism, LAZ has warned that certain provisions in the Bill could undermine constitutional rights and democratic principles.
In a recent statement, LAZ highlighted that specific clauses in the Bill have the potential to infringe upon fundamental rights enshrined in the Bill of Rights. Notably, the right to privacy and freedom of expression, which are essential to a healthy democracy, could be compromised.
Concerns Over Surveillance Provisions
LAZ has particularly raised alarm about Parts V and VIII of the Bill, which propose extensive surveillance measures. These provisions would allow the state to collect large amounts of data, including potentially personal and private information, without the oversight of a judicial authority. The lack of mandatory judicial review for such surveillance activities, according to LAZ, opens the door for potential abuse, undermining public trust in government institutions.
The association has cautioned that these surveillance measures, if passed, could severely compromise citizens’ privacy rights, particularly if used indiscriminately or without proper checks and balances.
Ambiguities in Key Terms
Another major concern raised by LAZ is the lack of clear definitions for terms such as “misinformation” and “national security threat.” These vague terms, according to LAZ, could be easily manipulated for political purposes or used to stifle dissent. Without precise definitions, there is a risk that government authorities could exploit these terms to target critics or suppress legitimate expressions of opposition.
LAZ has emphasized that such ambiguities need to be addressed in order to avoid misuse of power and ensure that the Bill is not used as a tool for curbing democratic freedoms.
Balancing National Security and Individual Freedoms
While LAZ acknowledges the need for cybersecurity measures in the face of increasing global threats, the association stresses the importance of finding a balance between ensuring national security and protecting individual freedoms. LAZ has recommended that the Bill include mandatory judicial oversight for all surveillance activities, as well as clear and precise definitions for key terms. Additionally, the association called for penalties for those who misuse powers granted by the Bill to ensure accountability.
Consultation and International Standards
To address its concerns, LAZ has urged the government to undertake a comprehensive and transparent consultative process before advancing the Bill. This process should involve consultations with various stakeholders, including civil society organizations, human rights groups, legal experts, and the private sector. LAZ warned that rushing the Bill through Parliament without sufficient input could have far-reaching consequences for the rights and freedoms of Zambians.
In addition, LAZ has recommended that the Bill align with international best practices, such as the Budapest Convention on Cybercrime, which offers a framework for balancing security measures with individual rights and freedoms.
In conclusion, LAZ has called for the withdrawal of the proposed Cybersecurity Bill from Parliament. The association has emphasized the importance of initiating a transparent and inclusive consultative process to ensure that any future legislation protects constitutional freedoms while addressing the legitimate need for cybersecurity.
LAZ’s position underscores the need to protect democratic values while implementing measures to combat cyber threats. The association’s stance calls for a thoughtful, balanced approach that prioritizes the rights of citizens while ensuring the nation’s security.
