15th May 2023
Sello Motseta
Botswana’s emergence as a hub for innovation and excellence in data and Artificial Intelligence(AI) holds the promise for catalyzing broader regional integration and collaboration.
“By fostering strategic partnerships with neighbouring countries and regional bodies, we can unlock synergies, share best practices and collectively drive the African digital agenda forward,” said Ronnie Phutego, Director for Economic Empowerment in the Ministry of Entrepreneurship in making official opening remarks at the Inaugural Data and Artificial Intelligence Summit at Avani Wednesday.
He said, “We must be at the forefront of shaping the global discourse around AI ethics and responsible data usage. Our innovations can address challenges unique to our continent: climate change, agriculture and sustainable development.”
Phutego stressed that leveraging key AI insights will enable Botswana to better optimize resource allocation, improve decision making and address key societal challenges such as education and healthcare issue affecting underprivileged rural communities.
The Botswana Data Protection Act (No.32 of 2018) is one of the ways in which AI in Botswana could be better managed and regulated, in the absence of sector specific legislation.
It came into effect on 15 October 2021 and has experienced a number of compliance deadline extensions and is currently serving one granted until the 17 September 2024.
This Act has been enacted to regulate the protection of Personal Data and also governs the way in which organizations manage the data that is in their possession.
It is similar to the South African Protection of Personal Information Act (No.4 of 2013). The DPA aims to regulate all organizations who process personal information.
This includes protection of confidential information about employees, customers, suppliers and also governs the use of personal information, safeguarded from theft, missuse and malicious actions. One of the conference speakers stressed importance of regulatory compliance and enforcement.
One of the examples cited was the decision by the South African Information Regulator on 3rd July 2023 to issue its first administrative fine of ZAR 5 million against the Department of Justice and Constitutional Development (DoJ&CD) for its failure to comply with an enforcement notice issued to it by the Regulator under the Protection of Personal Information Act (POPIA).
The DoJ&CD suffered a security compromise in 2021 which severely impacted its electronic systems and resulted in the loss of approximately 1 204 files containing personal information. The Regulator found that the DoJ&CD had failed to implement adequate security measures and to comply with the duty to notify security compromises and issued an enforcement notice in May 2023.
“The Artificial Intelligence(AI) Act is essential in maintaining a delicate equilibrium between regulatory measures aimed at ensuring individual rights protection and accountability and the promotion of an open and innovative market environment,” stressed Lebogang George, a Data and Protection lawyer with Brown and Company.
She said, “If unchecked and unregulated can cause unethical use, disruption of human interaction and violation of human rights. Innovation is still encouraged but the EU has prohibited the use of AI for a number of potentially harmful purposes, including using AI to influence or change behaviours in ways that are harmful, using methods and systems that would perpetuate stereotypes and create bias and discrimination and remotely identifying people via biometrics in public places (facial recognition systems, etc.).”
George advocated for the establishment of an AI ethics board and promoting a culture embracing trustworthy technology through ethical AI education and training.
