Digital rights experts have urged Ugandan lawyers to engage in legislative advocacy as more government agencies adopt artificial intelligence (AI) enhanced technologies in their operations.
This digital shift and adoption increases the collection of personal data, raising concerns amid the state's push for more repressive laws related to digital civic space, surveillance, internet censorship, website filtering, network disruptions, and information manipulation through disinformation - posing a threat to internet freedoms.
At a capacity-building workshop organized by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), lawyers were advised to strengthen their efforts in response to these challenges. The workshop highlighted the growing use of AI to manipulate and influence public opinion, particularly in political power struggles, such as those involving the first son and Chief of Defense Forces (CDF) Gen. Muhoozi Kainerugaba, and President Museveni's son-in-law, Odrek Rwabwogo.
The state's previous use of manipulative social media accounts to spread disinformation against the opposition ahead of the 2021 general elections was cited as an example. There are also concerns that with the adoption of biometric technology-driven elections, nations are more susceptible and vulnerable to information security breaches before, during and post-elections.
Legal professionals, human rights advocates, and digital rights enthusiasts at the CIPESA workshop unanimously agreed on the need for collaborative strategies, including pushback, litigation, online activism, and multi-actor advocacy, to counter digital rights violations.
The lawyers were also encouraged to pursue public interest strategic litigation and class action lawsuits to challenge unlawful surveillance practices and set legal precedents that safeguard privacy rights. Such actions, according to experts, would not only provide stronger protections against surveillance but also ensure robust oversight mechanisms.
Baker Birikujja, the manager of compliance and investigations at the Personal Data Protection Office (PDPO), emphasized the importance of existing digital protection laws, such as the Regulation of Interception of Communications Act, the Electronic Transactions Act, and the Data Protection & Privacy Act and Regulations (2019, 2021).
However, he noted that privacy and digital rights violations by both public and private sector players have become more prevalent as more agencies rely on personal data to customize services and influence corporate decisions.
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Birikujja stressed that organizations must account for the data they collect, minimize data collection and retention through lawful processes, and ensure the protection of personal information from unauthorized access and use. He warned that violations of these obligations could result in fines of up to 2 per cent of an institution's annual gross turnover or the imprisonment of officers who knowingly permit non-compliance.
According to Birikujja, over 13 per cent of Ugandans are unaware of their data protection and privacy rights, while a staggering 80 per cent of government agencies believe that the data protection law does not apply to them.
CIPESA legal officer Edrine Wanyama emphasized the importance of distinguishing between regulation and control, noting that while regulation ensures digital rights and freedoms, control can stifle these rights. He called for balanced policies that protect rights without suppressing freedom of expression.
The workshop participants also deepened their understanding of essential digital rights, including access to information (ATI), freedom of expression (FoE), privacy, and freedom of assembly and association (FoAA).
