This study investigates the role of privacy and data protection in the implementation of e-government in developing countries. It examines the privacy and data protection issues which arise when e-government is introduced in Ghana. E-government is a way that governments liaise with their various departments and agencies through the use of information and communication technologies (ICTs). Through e-government, governments are able to provide better, effective and efficient services to their citizens. This new form of governments’ delivering services electronically to their citizens, businesses and various departments potentially offers benefits (for example, economic development, low costs and improved services) to society. However the implementation of e-government carries potential risks to users. The potential for online identity theft and fraud raises privacy concerns. From a theoretical foundation, fieldwork in Ghana, through interviews and focus groups, is used to investigate the issue of privacy and data protection in e-government implementation in an empirical setting. Interviewees included senior civil servants, political leaders, members of the Select Committee on Communication, academics, university students as well as stakeholders from private and public organisations. The research borrowed from the Straussian grounded theory approach as a technique to analyse the fieldwork data. The results of the study indicate that privacy and data protection does not currently play a significant role in e-government implementation in a developing country such as Ghana. Other factors such as access to information and communication technologies (Internet accessibility) and e-skills were found to be challenges which significantly impact individuals’ use of e-government. The study found that there is a low privacy concern among Ghanaian citizens. This was found to be significantly related to a lack of awareness of privacy issues; and also the national cultural dimensions of Ghanaian society. The study concludes by emphasising the importance of government investing in ICT infrastructure and public education to raise awareness of e-government services, as well as privacy and data protection issues. Implications for research and policy makers are discussed. The study suggests future research to investigate the further impact of privacy awareness on individuals’ adoption of e-government in a collectivist society such as Ghana.

The International Conference of Data Protection and Privacy Commissioners has been actively engaged in the development of a new, legally binding international framework for privacy and data protection. Given the existence of three international privacy and data protection regimes (i.e. the OECD Privacy Guidelines, the EU data protection framework and the APEC Privacy Framework) and the availability of other bilateral venues to resolve transnational data flows issues (e.g. the EU-US Safe Harbor agreement, the Umbrella Agreement and the latest, the Privacy Shield arrangement), the thesis asks whether the development of such a new regime is feasible. The main finding of the thesis is that in an era of a globalized society driven by the internet and information-communications technology, where all three of the leading international privacy and data protection regimes are consistently updating and modifying their respective frameworks, and where there is persistent divergence between the European Union and the United States approaches towards transborder data flow, the emergence of a new, legally binding international framework is unlikely, at least under the prevailing circumstances. Therefore, the thesis calls for a shift towards an institutionalized arrangement that is founded on existing international co-operation and convergence and that further expands ongoing inter-regime collaboration. The approach recommended in the thesis is an effective alternative to the development of a new, legally binding international framework, and even offers strong prospects for the evolution of a legalized arrangement for international privacy and personal data governance in due course.

This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach. / LL.D. (Laws)

This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach. / LL. D.