Manuscript Title:

E-GOVERNANCE AND PRIVACY: A LEGAL PERSPECTIVE ON BOTSWANA DURING PUBLIC HEALTH EMERGENCIES OF INTERNATIONAL CONCERN (PHEIC)

Author:

NEDNAH KEMUNTO MARAGA, SHAKEROD MUNUHWA, PERVIA KUDAKWENYU NGWENYA, DAVID CHIKWERE

DOI Number:

DOI:10.17605/OSF.IO/3CA4F

Published : 2022-08-23

About the author(s)

1. NEDNAH KEMUNTO MARAGA - Department of Law and Para-Legal studies, Ba Isago University, Botswana.
2. SHAKEROD MUNUHWA - Department of Business Management, Ba Isago University, Botswana.
3. PERVIA KUDAKWENYU NGWENYA - Department of Law and Para-Legal studies, Ba Isago University, Botswana.
4. DAVID CHIKWERE - Department of Business Management, Ba Isago University, Botswana.

Full Text : PDF

Abstract

Governments with a view of mitigating the Public Health Emergencies of International Concern (PHEIC) occasioned by coronavirus disease 2019 (COVID-19), took disparate interventions to aid the health, social and economic well-being of their economies. The interventions included but were not limited to resorting to e-governance for improvement of service delivery, increase integration of Information and Communication Technologies (ICTs) and to support rapid data collection, reporting, contact tracing and data management in an effort to curb COVID-19 Pandemic. ICTs contribution in the PHEIC have brought about enormous risks to privacy and ultimately infringing on various consumer rights. Consequently, this paper examines the place of e-governance and the right to privacy within the status of COVID-19 Pandemic in Botswana. It considers the nature of risks and vulnerabilities brought about by e-governance from a modernist theoretical perspective. The article aims at analyzing the legislative framework surrounding the data protection and the right to privacy and implications of e-governance on Botswana’s society by focusing on the risk with which their human right to privacy is exposed to. The study reveals that e-governance is at the center and pivotal in the digital transformation of the country to the Fourth Industrial Revolution (4IR) but the implementation of various e-governance initiatives requires users to provide personal information without clear guidelines and safeguards. The Data protection Act, 2018 as the main legislative framework ensuring stringent protection of personal data and privacy of data subjects alongside others is not yet fully operational due to the absence of a robust institutional framework. Recommendations are made on how to mitigate the challenges and risks with an emphasis on striking a balance between the protection of public health rights and individual rights.


Keywords

E-Governance, Public Health, Covid-19, ICT, Fourth Industrial Revolution.