The United States Embassy in Zambia has warned its citizens to be wary of a new “intrusive” cybersecurity law introduced in the southern African country.
The embassy issued an alert telling Americans investors living in or planning to visit Zambia of a new law that requires the interception and surveillance of all electronic communications in the country.
This enacted measure include calls, emails, texts, and streamed content “in-country to assess if they include any transmission of ‘critical information,’ a term the law defines so broadly that it could apply to almost any activity”, the embassy says.
The new measure empowers a law enforcement officer with a warrant to enter any premises to search and seize a computer or computer system containing material that is either evidence necessary to prove an offence or acquired by a person as a result of an offence.
“As this new law introduces an intrusive surveillance ecosystem significantly different from privacy protection provisions that prevail in many countries, the embassy of the United States encourages Americans living in Zambia or considering visiting the country to carefully assess the implications of this law and adjust accordingly,” the US statement said on Thursday.
Zambia’s government said the law was needed to tackle online fraud and child pornography, as well as the spread of disinformation.
Following the alert from the US embassy, Zambia’s foreign minister, Mulambo Haimbe, released a statement saying that the new law was “not intended to invade any person’s privacy, whether Zambians or foreigners.
“The Law does not authorize mass or random surveillance. Any interception or data request requires a court-issued warrant,” Haimbe said.
” Classification of ‘critical information'” referred to national security, and any assessments or actions taken are carried out by authorized institutions, in line with due process,” the minister added.
These new measures were signed into law by President Hakainde Hichilema on 8 April with very little publicity, and the first many Zambians knew about it was when the US embassy posted its alert on Facebook.
It also allows the government to extradite Zambians deemed to have committed any offence under the law, with a range of jail terms prescribed.
Offenders may be fined or jailed for between five and 15 years, depending on the crime they have committed.
Among other provisions, the legislation requires Information and Communication Technology (ICT) companies to proactively intercept all electronic communications.
There are fears that the law could be used against anyone who criticises the government, especially with elections due next year.
