Title: EU Data Transfer Rules and African Legal Realities: Is Data Exchange for Biobank Research Realistic?
This paper published in Oxford's International Data Privacy Law seeks to effectively collaborate in biobanking and build capacity in low and middle-income countries taking in consideration the fact that data transfer from European Union (EU) Member States to states in Africa is crucial.
It takes cognizance of the fact that, although under the General Data Protection Regulation (GDPR) avenues for data transfer exist, the ones feasible for transcontinental data exchange for biobank research rely on EU enforcement which in essence means limited oversight possibilities and, consequently, considerable risks to the EU data subject’s privacy.
In order to ensure effective data protection for data subjects in biobanking, raising the data protection bar in data recipient countries is crucial. Although Kenya, Nigeria, South Africa, and Uganda have taken considerable steps towards developing data protection frameworks, only that of South Africa
and Nigeria’s Protection of Personal Information Bill seem to be such to meet the protection level set out by the GDPR.