AI Regulation in Africa Revolves Around Data Security and Legal Frameworks Established by the African Union's Continent-Wide AI Strategy
The African Union's Continental Artificial Intelligence (AI) Strategy, approved in July 2024, is a comprehensive framework aimed at fostering a responsible and equitable deployment of AI across Africa, with a focus on sustainable socio-economic growth and responsible AI practices [1][2].
The strategy outlines several key aspects for AI governance:
- Indigenous AI ecosystems: The strategy seeks to create AI governance frameworks that reflect African values and development priorities, advocating for an African voice in global AI norms [1][5].
- Data protection and privacy: Recognizing the importance of data protection, the strategy encourages African countries to establish National Data Strategies focused on data protection, privacy, and quality data for AI [3]. It also considers data protection laws crucial in addressing data-related concerns of AI and mentions that some African data protection laws specifically impose restrictions on the automated processing of personal data that produces legal effects or has similar significant effects [1].
- Data sovereignty and digital sovereignty: The strategy emphasizes the importance of protecting Africa’s data and digital infrastructure, reducing dependency on foreign technology platforms, and enabling national and regional control over AI infrastructures and data assets [2][4].
- Capacity building and institutional strengthening: To support AI innovation and deployment in both the public and private sectors, the strategy identifies the need to enhance skills, infrastructure, and institutional capacity to enforce data governance [2][4].
- Public-private partnerships and investment: The strategy includes mechanisms like a $60 billion Africa AI Fund and a five-year implementation plan to accelerate investment in AI infrastructure, research, and applications relevant to Africa’s socioeconomic challenges such as agriculture and healthcare [2][3].
- Regional cooperation and integration: The strategy leverages regional economic communities (RECs) as building blocks for continental integration in AI governance, promoting collaboration that balances security, privacy, and development goals [1][4].
To ensure high levels of data quality and security, the strategy advocates for the adoption of governance frameworks that outline principles and practices for data protection [1]. It also emphasizes the need for legal protection against algorithmic bias and discrimination [1].
Establishment of independent institutions responsible for overseeing AI use, enforcing compliance with emerging standards, and providing access to redress and remedies when violations occur is also advocated [1]. The strategy emphasizes the importance of adequate governance to ensure that AI development and use is inclusive, aligned with African priorities, and does not harm African people, societies, or the environment [1].
A notable addition to the strategy is the proposal for a regional independent AI Ethics Board to review applications from AI research groups seeking to develop novel, large-scale AI systems with the potential to impact African societies significantly [1]. Furthermore, a multi-tiered governance approach for AI in Africa is suggested, consisting of five core activities [1].
The strategy also identifies regulatory gaps that need to be filled to safeguard the development and use of AI and ensure the rule of law in its adoption across the continent, including reviewing labor protections, AI procurement standards, and healthcare approvals, while aligning social media regulations with international standards [1].
In conclusion, the African Union’s AI Continental Strategy frames AI governance as a foundational pillar for responsible and equitable AI adoption in Africa, focusing on creating indigenous AI ecosystems underpinned by strong legal, technical, and institutional frameworks that protect sovereignty, promote innovation, and align with African development priorities [1][2][5].
