Artificial intelligence and the right to privacy in Uganda

Abstract

The topic of Artificial Intelligence (AI) has been prominent since 1950s. The development of computers capable of mimicking human capabilities was once considered very improbable yet today it is seen taking over in our everyday lives. The full prospects of the technology are still unexplored nevertheless it is being applied across all major sectors in the world like aerodynamics, food industries, bio-tech, medicine and so on. Uganda- like many other developing countries- is not as technically advanced as the global west. It only just recently started to apply AI technologies into its governance systems like security.1 This technological introduction brings to question the applicability and enforceability of the Article 27 of the 1995 constitution. Article 27 provides for the ‘right to privacy of person, home and other property’. For a long time, this right was not advanced in respect to technological developments. This emerged as a loophole especially after the adoption of the Regulation of Interception of Communications Act (RICA) in 2010.2 The state countered this lacuna by adopting the Data Protection and Privacy Act of 2019 (DPPA). This Act, prima facie, manifests as a comprehensive law in regards to the technological advancements that affect the right to privacy. Regardless, with the increasing ease with which personal information can be -and is- collected using AI systems, there is a need to reassess the laws regarding the type of data and information collected, how it is collected and whether the rights of the citizens are protected on all counts. This research does just that.