Posted: 23 January, 2025 Filed under: Hlengiwe Dube | Tags: abuse in data usage, accessible data, ACHPR, advancing human rights, Africa, African Commission on Human and Peoples’ Rights, data access, digital age, digital transformation, discrimination, economic growth, education, election processes, gender equality, governance, harnessing data access, health, human progress, poverty eradication, Privacy Concerns, privacy violations, Resolution ACHPR/Res.620 (LXXXI) 2024, sustainable development, The Africa We Want, unequal access to information, United Nations’ SDGs
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
In a world increasingly shaped by the digital revolution, data has become one of the most valuable resources for economic growth, governance, and human progress. From enhancing public service delivery to promoting political participation, the transformative potential of data is undeniable. However, the rapid advancements in technology also bring significant challenges, including privacy concerns, unequal access to information, and the potential for abuse in data usage. Considering these complexities, during its 81st Ordinary Session in November 2024, the African Commission on Human and Peoples’ Rights (ACHPR), adopted Resolution ACHPR/Res.620 (LXXXI) 2024, which seeks to promote and harness data access as a tool for advancing human rights and sustainable development in Africa.
This resolution is not just a statement; it is a clarion call for a more equitable, transparent, and ethical approach to data in Africa. It recognises that data, when accessed and used responsibly, can promote a more inclusive society, improve governance, and support the achievement of Sustainable Development Goals (SDGs). However, it also acknowledges the need to address the risks associated with the misuse of data, such as privacy violations, discrimination, and unequal access to information.
This article unpacks the key aspects of the Resolution on promoting and harnessing data access and explores its potential to reshape Africa’s digital landscape, envisaging a future where data serves as a powerful tool for advancing human rights and achieving sustainable development in the digital age.
The role of data in advancing human rights and sustainable development
The Resolution on promoting and harnessing data access highlights the critical importance of data in the modern world. The continent is witnessing an unprecedented digital transformation. Governments, businesses, and civil society organisations are increasingly relying on data to inform decisions, create policies, and engage with citizens.
- Data as a tool for democracy
Data can significantly enhance democratic governance. Access to data empowers citizens by providing the information necessary to hold governments accountable. Transparent and accessible data on public expenditures, election processes, and legislative activities can lead to increased public trust and stronger democratic institutions. The Resolution calls for data held by public institutions and bodies receiving public funds to be made publicly available by default, adhering to the principle of maximum disclosure. This would ensure that the public has access to critical information that influences their lives, making governance more transparent and accountable. - Data in supporting the SDGs and Agenda 2063
The African Union’s Agenda 2063: The Africa We Want and the United Nations’ SDGs are both ambitious roadmaps for the future of the continent. To meet these goals, it is important to have access to reliable, high-quality data. The Resolution recognises the potential of data in enhancing evidence-based policies and decisions that can drive progress in areas such as poverty eradication, health, education, gender equality, and climate action. For instance, data can be used to track progress towards SDG indicators, allowing governments and organisations to tailor interventions to areas of greatest need. - Promoting public participation
Data access also plays a crucial role in promoting public participation. A data-driven society encourages individuals to engage in decision-making processes. Whether it is participating in policy discussions, voting in elections, or contributing to local governance, access to data ensures that people can make informed decisions. This is particularly important in an age where public opinion is often shaped by misinformation and disinformation.
The challenges and risks of data misuse
While the benefits of data are clear, the Resolution also acknowledges the risks that come with the growing reliance on data. These risks must be addressed to ensure that data serves its intended purpose of advancing human rights, equity, and sustainable development. The Resolution highlights several key challenges:
- Privacy violations and data exploitation
As more personal and sensitive information is being digitised, the potential for privacy violations is increasing. Data exploitation, particularly by private sector actors and large technology companies, is a growing concern. The Resolution expresses concern about the practices of big tech companies and their role in exploiting personal data for profit. This includes the unauthorised collection of data, surveillance, and the sale of personal information to third parties without consent. The Resolution calls for ethical principles to govern data collection, processing, and usage, ensuring that these practices align with international human rights standards. - Discrimination and structural inequality
The Resolution also highlights the risk of discrimination and reinforcing existing inequalities through biased data. Automated decision-making processes, such as algorithmic tools used in hiring, law enforcement, and credit scoring, can perpetuate racial, gender, and socio-economic biases if not carefully managed. The Resolution therefore advocates for transparency and accountability in data systems to mitigate these risks and ensure that data-driven decisions do not reinforce structural inequalities. - Unequal access to data
One of the most pressing issues in Africa is the unequal access to data. Marginalised and vulnerable communities, such as those living in rural areas, women, and persons with disabilities, often face significant barriers to accessing the data that could improve their lives. These barriers may include technological illiteracy, infrastructure inadequacies, and digital divides between urban and rural populations. The Resolution thus emphasises the need for equitable access to data, ensuring that no group is left behind in the digital era.
The Accra Statement: A Unified Call to Action
The Resolution builds on the Accra Statement, which was presented during the 2024 International Day for Universal Access to Information (IDUAI) conference held in Accra, Ghana, in October 2024. The Accra Statement represents a unified call to action that reflects the collective perspectives of diverse stakeholders (governments, civil society, media, academia, and technology experts) who participated in the conference. Initiated by the African Alliance for Access to Data, the Accra Statement underscores the importance of enhancing access to data and information as fundamental human rights. It highlights the growing need to empower individuals and communities by making data more transparent, accessible, and open. The statement advocates for a continent-wide commitment to improving data systems, ensuring that they are inclusive, human-centered, and accountable. It was endorsed by a broad spectrum of organisations and individuals and highlights the urgency of advancing transparent, accessible, and open information systems across Africa and beyond. The Resolution on promoting and harnessing data access takes this momentum forward, reinforcing the shared commitment to using data as a driver for positive socioeconomic and political change in Africa.
Ethical standards for data collection and use
To mitigate the risks associated with data misuse, the Resolution places a strong emphasis on the need for ethical principles in data collection, processing, and access. It calls for the development of appropriate normative standards to guide data practices across Africa. These standards should be aligned with international human rights frameworks, ensuring that data initiatives respect privacy, dignity, and fairness. One of the critical ethical considerations is the right to privacy. As the Resolution points out, restrictions on data access should only be applied for legitimate purposes and based on international human rights standards. These restrictions should also be subject to a public interest override, ensuring that data can still be accessed when it is in the public good, such as for research or the promotion of public health. The Resolution also stresses the importance of addressing bias in data and ensuring that automated decision-making processes are transparent and accountable. Data systems must be designed in a way that minimises bias and prevents discriminatory outcomes. For example, algorithms used in law enforcement or recruitment should be tested for biases and adjusted to avoid perpetuating racial or gender inequalities.
Enhancing data literacy and capacity building
An important element of the Resolution is the call for investments in data literacy and capacity-building programmes. For data to fulfill its potential as a tool for human rights and sustainable development, individuals and communities should be equipped with the skills to understand, analyse, and use data effectively. This includes training in data science, statistical analysis, and the ethical implications of data usage. Capacity-building efforts should also focus on empowering stakeholders such as governments, civil society organisations, businesses, and individuals, to navigate the increasingly complex data landscape. A data-literate society is one that is better equipped to engage with the opportunities and challenges of the digital age.
Multi-stakeholder approaches to data governance
The Resolution recognises that data governance requires multi-stakeholder approaches to unlock the full potential of data. Governments, civil society, private companies, and international organisations should collaborate to ensure that data access and usage are aligned with public interests, human rights, and sustainable development goals. The Resolution also encourages the establishment of frameworks for interoperability and interconnectedness in national, regional, and international data systems. This is essential for facilitating data sharing and collaboration across borders, while also ensuring that data privacy and security are protected.
A call to action
In adopting Resolution on data access, the African Commission on Human and Peoples’ Rights has laid down a comprehensive framework for leveraging data as a tool for advancing human rights and sustainable development across the continent. The Resolution sets the stage for Africa to harness the transformative potential of data while safeguarding against its risks.
It is now up to governments, business entities, civil society, and individuals to take action. States Parties are urged to ensure that data practices are transparent, accountable, and in line with regional and international standards. Public data should be disclosed by default, except where there are valid privacy or security concerns. Investments in data literacy and capacity building should be prioritised to empower all citizens, particularly those in marginalised communities, to fully participate in the digital age.
The African Commission’s Resolution is a step towards an Africa where data does not just inform policies or generate profits but also drives progress, supports human rights, and contributes to a sustainable, equitable, and just future for all.
Conclusion
The digital age presents both opportunities and challenges, and how Africa responds to the call to harness data for human rights and sustainable development will shape the continent’s future. With ethical standards in place, investments in data literacy, and a commitment to equitable access, data can become a powerful force for good including unlocking new possibilities for governance, democracy, and social equity. Through collective action, Africa can ensure that the digital revolution benefits all its people, leaving no one behind.
About the Author:
Hlengiwe Dube is an expert on information rights including freedom of expression, access to information and data protection, complemented by strong expertise of technology’s intersection with human rights. She is finalising her doctoral studies focusing on the complex dynamics of state surveillance in the context of human rights and public security. She is based at the Centre for Human Rights, University of Pretoria as a Project Manager of the Expression, Information and Digital Rights Unit, overseeing initiatives that span freedom of expression, access to information, data protection, elections, digital rights, and related themes at the nexus of democracy, technology, and human rights. Hlengiwe also extends her expertise to provide technical assistance to the African Commission on Human and Peoples’ Rights (ACHPR) special mechanisms on digital and information rights issues. She holds a Master’s Degree in Human Rights and Democratisation in Africa, further underpinning her depth of knowledge and commitment to advancing human rights discourse, particularly in the digital age.
