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4.3.21 The OECD has noted that the privacy protection systems in many
countries are hybrid approaches, combining self-regulation and
legislative action, although the issue has often been approached as if
these approaches are entirely separate. In fact, a combination of policy
tools often leads to the strongest result and this may be particularly true
in Botswana, which wishes to be able to deal at a sophisticated level and
become a leader in connectivity and e-commerce in Africa while
focusing on priorities and using resources wisely. Privacy protection is
an area where the Government can provide leadership and guidance
through information (using e-Government and other information and
distribution media); early adoption of privacy-enhancing technology,
techniques and policies; selective legislation in key sectors (such as
financial services and health); and promotion of contractual safeguards
and dispute settlement mechanisms.30 In addition, key regulators and
parastatals (e.g., the Botswana Telecommunications Authority and the
Botswana Stock Exchange) can play an important role in fostering
privacy principles and applications through a network of both regulatory
requirements and internal compliance policies.
4.4
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Recommendations:
- The Ministry of Communications, Science and Technology should
lead a review in conjunction with the Inter-ministerial Legal Reform
Task Force to establish policies and procedures, possibly including
legislation, for the application of Privacy Principles to the activities
and data holdings of Government.
- The Ministry of Communications, Science and Technology should
lead a review in conjunction with the Botswana Telecommunications
Authority and the Attorney General’s Chambers, in consultation with
such stakeholders as Internet Service Providers, Botswana
Telecommunications Corporation and other providers of
telecommunications services, and business and consumer groups, to
develop recommendations for the appropriate approaches to the
control of “spam”.
- The Ministry of Trade and Industry in consultation with the Ministry
of Finance and Development Planning, the Botswana Stock
Exchange, the Bank of Botswana, the Ministry of Tourism, the
Ministry of Local Government, and the Ministry of
The OECD Report, Privacy Online: Policy and Practical Guidance”, found that countries
noted that contractual arrangements had worked well, but there were limitations, particularly for
small users or business-to-consumer contacts. Specifically, contractual frameworks generally
did not provide adequate redress mechanisms for consumers or small businesses. OECD
Member countries therefore agreed to focus less on contractual solutions and more on how to
ensure redress through alternative dispute resolution measures, including on-line dispute
settlement.