Several South Sudanese citizens and legal experts have expressed growing concern over the limited legal protections regulating the control of personal information online, noting that despite constitutional guarantees, the country lacks a comprehensive data protection law.
Many people are unaware of their digital rights, putting them at risk of cybercrime, data breaches, and other violations of their rights.
South Sudan continues to rely on constitutional provisions and international human rights frameworks to safeguard online privacy. In the absence of a dedicated data protection law, the enforcement and interpretation of privacy rights remain uneven. The Transitional Constitution of South Sudan (2011) affirms the right to privacy as a fundamental human right, and the absence of detailed legislation means that issues related to online personal information are often addressed through broad constitutional interpretation and international human rights standards. As a result, protection of online privacy increasingly depends on judicial interpretation, advocacy, and public awareness.
Wani Josph Balal, a concerned citizen, says privacy remains a core constitutional right, and individuals should retain control over how their personal information is used.
“South Sudan’s constitution says that privacy must be protected,” he said. “Anyone requiring individual privacy is protected and guaranteed.”
Another citizen, Mark Kur Deng, echoed these concerns, stressing that while the constitution clearly protects privacy, enforcement and public understanding remain limited. The law states that citizens are entitled to their privacy.
“Any individual in South Sudan must be protected so that no one is subjected to exposure. You cannot collect someone’s data and publish it without consent,” he said. “In that regard, the constitution states that privacy should be protected. If you expose people’s personal data without their knowledge, it is punishable.”
He added that although the law provides for privacy protection, practical mechanisms remain unclear, so far.
“ I can assume that all of us are protected by law, but I cannot say exactly how this data is collected or protected in practice,” Kur said. “Legally, you are entitled to privacy, but implementation remains a challenge.”
Meanwhile, Garang Geng, a lecturer and the head of the Research and Publication Department at the University of Juba, reaffirmed that South Sudan’s Constitution explicitly protects the right to privacy, calling it one of the most important rights under the Bill of Rights.
“Your right to privacy is inviolable and should not be interfered with unless allowed by law,” he said. “There are instances where privacy may be restricted, but only under lawful procedures.”
He highlighted the need for stronger public awareness, noting that many citizens remain unaware of the scope of their privacy rights.
“When laws are enacted, they must be disseminated through civic engagement and awareness programs. This is how people learn about their rights, like personal information, such as birth records and other sensitive data, must be safeguarded,” he stressed. “It is a fundamental right, second only to life. Privacy is very important and protected by law. If your right is violated, you can always seek redress through the courts.”
Meanwhile, Mario Atak Deng, a legal expert, says that South Sudanese citizens know their rights, and these rights are protected by the constitution.
“According to Article 22, the constitution guarantees the right to privacy. It states that no person shall be subjected to unlawful interference with their private life, family, home, or correspondence,” he illuminated. “This means every individual has the right to personal privacy and to be protected from any unauthorized intrusion. In this sense, the constitution makes it clear that everyone is entitled to privacy, whether concerning their personal data, family matters, communications, or any other private affairs.”
“The law protects these rights, and no one can incriminate or interfere with another person’s privacy without lawful justification,” Atak adds.
He emphasized that South Sudanese citizens are indeed protected by law, as stipulated in Article 22 of the Constitution, and their personal information, data, and private matters must be safeguarded.
“This is also why the cybersecurity law was introduced to strengthen the protection of privacy and personal data in the digital space,” he said.
However, Keji Jenifer, a resident of Juba, contends that the lack of awareness of digital rights puts many South Sudanese at risk of having their rights violated.
“I must say that most South Sudanese are not aware of most of their rights, not only the right to privacy and protection,” she says. “However, our constitution is very clear on that, but we have witnessed several violations over the years since our independence.”
Keji stated that the country lacks a legal framework to safeguard citizens’ rights to privacy and data protection.
Keji says the absence of a legal framework resulted in the confiscation of devices belonging to suspended First Vice President Dr. Riek Machar Teny and his co-defendants facing trial in Juba, without following proper procedures, thereby violating their rights to privacy.
“Before you use somebody’s digital gadgets, you need to follow the legal procedures which can only be ordered by a public prosecutor or an order issued by a court,” Keji says.
Tito Awen, another Juba dweller, highlighted the importance of enhancing public awareness and enforcing digital privacy laws.
“I have been monitoring South Sudanese right from the political class to the ordinary people, and I believe this is an area that needs a lot of awareness,” he states. “An example is the recent bill on cybersecurity. For me, this issue requires public awareness.”
Emmanuel Bida, a digital expert and the program manager at the Excellence Foundation, stated that they are advocating for data protection laws to protect the personal data of online users in South Sudan.
“South Sudan does not have data protection laws in place at the moment,” he says. “However, when we talk about the right to privacy, it is somehow protected when it comes to the constitution.”
According to Bida, the cybersecurity and computer media law is currently under discussion in parliament to ensure comprehensive protection of privacy rights and data protection.
However, Thon Dhiei Ngor argues that personal data stored on computers and other devices can be easily accessed by security authorities without adhering to proper procedures, hence violating privacy rights.
“The first thing should be the law that governs the data and privacy, because everybody is supposed to be bound by those laws. You are governed by the law whether you are a government or a private individual. However, government agencies violate individual privacy all the time,” he says. “We need to have a law so that a citizen knows how to protect their data and seek redress when their information is stolen.”
In October, digital security experts finalized drafting the country’s first Data Protection Policy Bill. When passed, the bill will establish the Data Protection Commission, mandated to safeguard the personal data of South Sudanese online users.
The digital security bill’s development is facilitated by Koneta Initiative and Paradigm Initiative, in collaboration with the National Communication Authority and civil society organizations.
The Cybercrimes and Computer Misuse Bill 2024 aims to protect against and prevent crimes committed using computer devices, the internet, or related activities.
It seeks to establish a legal framework for prosecuting cybercrimes, safeguarding digital transactions, and regulating social media. This bill is vital for regulating digital spaces and combating online offences in the world’s youngest nation.
It also aims to comply with the Constitution of the Republic of South Sudan, 2011, as amended, and aligns with the South Sudan Penal Code Act, 2008. Additionally, it will adhere to the Malabo Convention on Cybercrime and the U.N. Geneva Convention on Cybercrime and Data Protection.