Cameroon introduces draft laws on civil registration reform, data protection

The government of Cameroon has brought two bills to parliament which are vital for the country’s digital transformation journey. They are a bill that introduces a new civil registration dispensation in the country with several novelties, as well as another on personal data protection.

The draft texts are currently being examined by lawmakers in the National Assembly and the Senate, and will be enacted by the President of the Republic after their adoption.

Issuance of digital civil registration certificates

The bill on civil registration seeks to institute a new legal framework for civil registration, introducing many aspects that are absent in the current law governing the process in Cameroon.

Among the innovations are the extension of the window for birth registration from 60 to 90 days from the birth of a child, the involvement of civil administrators in soliciting the establishment of birth certificates for delayed declarations beyond 12 months, the introduction of a Unique Personal Identification Number (UPIN) which shall be generated at the time a birth is registered and to be used for life, the introduction of digital civil registration certificates which shall be equivalent to physical ones and with the same legal force and evidential value, and the establishment and management of a national civil status registration database.

In an explanatory statement, the government says the move is a big step forward in the push to modernize and digitize the civil status registration system in the country.

It says it will effectively address existing gaps and flaws, particularly by creating the enabling environment to improve the current low rate of birth registration, eradicating red tape and the high cost involved in obtaining civil status documents, making falsification of civil status certificates difficult, and making it easier for vulnerable people such as forcibly displaced persons to get civil status documents.

Currently, life events such as births face major civil registration challenges, with the government estimating that about seven million Cameroonians currently do not have a birth certificate.

The draft law also criminalizes acts of extortion or bribery in the issuance of civil registration certificates, reflecting the government’s desire to tackle a phenomenon which has prevented hundreds of Cameroonians from having access to civil status documents which are expressly free.

Extortion is a big headache in Cameroon’s civil registration landscape and a government body has been fighting the ill in the past year.

Personal data protection

In the draft text on this, the government acknowledges data as the key raw material for any digital economy and says the bill is an instrument that seeks to guarantee “the fundamental rights and freedoms of individuals with respect to the processing of their personal data, regardless of data type, the processing method or the persons responsible.”

The text sets our guidelines on how personal data shall be handled by the state, regional local authorities or any natural or legal person, and a controller or sub-processor in Cameroon or in a territory where Cameroonian law applies, pursuant to international law or other duly ratified international conventions.

Given the stakes involved in the collection, storage and processing of personal data and the rapidly changing global digital ecosystem, the government says it is crucial for Cameroon to “align with international best practices.”

The draft legislation, which also institutes a Data Protection Authority, outlines a range of administrative, civil and criminal penalties that could be imposed in case of offences and breaches of the legislation.

With this bill, Cameroon joins the list of at least 27 other African nations which have moved to institute a dedicated personal data protection legislation.

Article Topics

Africa  |  birth registration  |  Cameroon  |  civil registration  |  data protection  |  digital identity  |  legal identity  |  legislation