Abstract

This contribution provides an overview of the legal framework governing the processing of children’s personal information in Southern African Development Community (“SADC”) countries, with a focus on the SADC Model Law on Data Protection. With the proliferation of digital technologies and online platforms, children are increasingly engaged in the digital space, raising concerns about the protection of their personal data. The legal landscape in the SADC region is evolving, driven by international norms and regional initiatives. This contribution examines the key principles and provisions of the Model Law relevant to safeguarding children’s personal information and further explores national legislation to assess its alignment with the Model Law. It highlights definitions of personal and sensitive data concerning children, the rights of child data subjects, and the obligations of data controllers, such as obtaining parental consent, implementing security measures, and adopting age-appropriate data practices.
The discussion includes the role of supervisory authorities in enforcing compliance and promoting accountability. Challenges such as weak enforcement mechanisms and cross-border data transfers are examined, emphasising the need for harmonised data protection laws across the region. This contribution highlights the significance of a robust legal framework and the role of the SADC Model Law on Data Protection in safeguarding children’s personal information in the digital age. By adhering to principles of data minimisation, purpose limitation and accountability, SADC countries can foster a safe and conducive environment for children to engage in online activities while respecting their privacy rights and best interests.