African Farmers at Digital Risk: The Urgency for Data Protection Legislation

The extensive adoption of digital tools in African agriculture is creating unexpected vulnerabilities for the continent's farmers. With a staggering 666 digital solutions available as of 2022, these technologies have ushered in a revolution in the way farm data is collected, analyzed, and used. However, this rise in digital services goes hand-in-hand with an increase in the risks associated with farm data protection.

As burgeoning technologies like smartphones and big data analytics become intertwined with agriculture, vast amounts of personal and operational information are at the mercy of service providers and potentially unscrupulous third parties. The consequences for farmers, who may be unaware of how their data is being used—or misused—are deeply concerning.

Our scrutiny of the prevalent data protection mechanisms underscores a disconnect: while African countries are gradually embracing relevant laws, enforcement remains inconsistent. Notably, among the 34 African countries with varying degrees of personal data protection legislation as of May 2023, none fully meet the standards outlined by the African Union Convention on Cyber Security and Personal Data Protection—which, despite having been established in 2014, has yet to be ratified widely.

The examples of Kenya and Ghana exemplify the difficulties. Despite being at the forefront of digital agricultural services, both nations exhibit notable shortfalls. Kenya's 2019 Data Protection Law allows automated decision-making under certain conditions, deviating markedly from AU Convention principles. In contrast, Ghana’s 2012 legislation is silent on critical factors like automatic decision-making and cross-border data transfer.

The examination of 106 digital agricultural services across Africa further illuminates a dire need for reinforced compliance and awareness. Ghana displayed the most pronounced negligence with 17 of 30 services lacking publicly accessible data privacy policies. In Kenya, a country boasting advanced data laws, compliance was also found to be significantly wanting.

Comprehensive legislation, robust enforcement agencies, and detailed policies shielding farmers' rights are imperative to address these oversights. As digital progression steeps further into Africa's agricultural practices, the imperative to protect the very producers who sustain the continent is both paramount and immediate.