Ethiopia doesn’t have laws specifically designed to deal with privacy and data protection issues except a few set of rules contained in various pieces of legislation that guarantee right to privacy rather in a very indirect fashion. The major sources of Ethiopian law dealing with privacy and data protection issues can generally be grouped into four categories. These are: (1) the constitution, (2) international human rights instruments, (3) subsidiary laws and (4) case law. This piece briefly highlights these sources of Ethiopian privacy law. In so doing, it aims to provide a synopsis of Ethiopia’s operational privacy rules.

A. Constitution

Ethiopia recognized right to privacy throughout its brief constitutional history, albeit to a different degree. The first written constitution of 1931 explicitly recognized the right of Ethiopian subjects not to be subjected to domiciliary searches and the right to confidentiality of correspondences except in cases provided by law. These rights were also incorporated with a more amplified tone in the revised constitution of 1955. The 1987 constitution of the Dergue also did guarantee Ethiopians the right to the inviolability of their persons and home along with secrecy of correspondences. The transitional government charter didn’t make a specific reference to privacy safeguards; but it did state that all rights provided for under the Universal Declaration of Human Rights (UDHR) shall be fully respected, and without any limitation whatsoever.

A more comprehensive privacy safeguard is however introduced by the Constitution of 1995 (Ethiopian Constitution) which protects privacy of persons, their home and correspondences. Notable about the constitutional privacy provision is that it is framed illustratively so that all forms of intrusion into private spheres are prohibited. The Constitution requires public officials not only to refrain themselves from interferences with individual privacy, but also to prevent private persons or entities that would impair the right. The right to privacy is not however absolute. The Constitution under Art 26(3) puts a limitation clause to the right to privacy for other competing and compelling interests. Limitation to the right to privacy is allowed only when three important elements are satisfied together: (1) there must be compelling circumstances; (2) restriction must be in accordance with specific laws; and (3) there must be legitimate aims. The privacy provision of the constitution is apparently informed by the privacy provisions of the UDHR and the International Covenant on Civil and Political Rights (ICCPR) to which Ethiopia is a state party.

B. International Human Rights Instruments

All international agreements – including human rights conventions – are integral part of the Ethiopian law while the status of such treaties in the hierarchy of laws remains elusive. The Constitution explicitly mandates that human rights and fundamental freedoms recognized under chapter III of the text shall be interpreted in light of the Universal Declaration of Human Rights (UDHR) and International covenants on human rights adopted by Ethiopia. On top of its explicit mention under the constitution, Ethiopia is bound by the UDHR as a matter of customary international law which guarantees everyone a human right to privacy and family life.

The ICCPR is one of the international covenants that guarantees right to privacy, which Ethiopia ratified in June 11 1993. The covenant details the right to privacy as follows: (1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. (2) Everyone has the right to the protection of the law against such interference or attacks.The convention on the Rights of the Child is the other international instrument that recognizes the right to privacy, which Ethiopia ratified in 14 May 1991.

Ethiopia is also a state party to the African Charter on Human and Peoples Right. The Charter however doesn’t explicitly guarantee the right to privacy. Yet, it has been argued that some aspects of the right to privacy could possibly be implied from some provisions of the convention. The Charter, for instance, guarantees the respect of dignity of human beings and freedom from all forms of exploitation and degradation, including torture. The respects of one’s dignity and the freedom from torture carry protection to one’s autonomy, physical and moral integrity. And, private life of a person includes, among others, his autonomy, physical and moral integrity which signify an aspect of privacy.

The upcoming AU Convention of Confidence and Security on Cyberspace goes to a great length in regulating personal data protection, which is just an aspect of right to privacy. Part II of the draft Convention is dedicated to deal with the protection of personal data. The convention is due to be adopted by heads of states and government in the next AU summit to be held in Addis Ababa. As an important member of the AU, Ethiopia is likely to sign and ratify the treaty once it is endorsed by heads of state and government. This would ultimately make the Convention part and parcel of the Ethiopian law thereby adding a new body of privacy law.