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SIERRA LEONE

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive data protection law
Sierra Leone does not have a comprehensive data protection law. However, there are provisions for data protection in the legal frameworks governing the operations of some sectors. For example, in the telecommunications sector, Section 78 of the Telecommunications Act makes it a criminal offence for anyone engaging in the provision of telecommunications services to disclose to any unauthorised person information or data s/he comes across as part of his lawful duty in respect of any customer or user of the telecommunications services. Also, Section 21 of the Telecommunications Subscriber Regulations states that a licensed service provider shall take reasonable steps to ensure the security and confidentiality of the subscriber’s registration and prevent corruption, loss or unauthorised disclosure of the information. There are also provisions for data protection in the financial sector. Section 35 of the Lenders and Borrowers Act states that a lender or a person who acts on behalf of a lender shall not disclose information obtained from a borrower unless the information is required under any other law or by a court of competent jurisdiction.
Coverage Horizontal

SIERRA LEONE

Since November 2020

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Section 19.4 of the Telecommunications Subscribers Regulations provides that the service provider shall, on a monthly basis or at such regular interval as the Commission may specify, transmit to the Commission all subscriber's information captured in their subscribers registers within the preceding month or such period as stipulated by the Commission in accordance with these Regulations. Section 20 of the Regulations also mandates licensed operators to capture, record and transmit to the central subscriber's information database the particulars of all its sales. The regulations do not specifically say for how long the data may be stored; they only mention the frequency at which the data should be transmitted to the Commission. However, Section 32(1-2) of the Regulations states that a subscriber intending to utilise one or more mobile universal integrated service cards, fixed telephone lines or internet connections that has been registered in its name, for allocation to a third party shall, before handing over a universal integrated service card or providing access to any telecommunication service, record the particulars and the date on which the utilisation commenced and the period for which the third party shall utilise the communications service. This information registered shall be stored for a minimum period of three years.
Coverage Telecommunications sector

SIERRA LEONE

Since November 2020

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Section 22 of the Telecommunications Subscribers Regulations noted that subscribers' personal information may be released to law enforcement agencies with a written request from a senior officer of the security/law enforcement agency. The request has to be sent to the Commission stating the information needed and the purpose, according to Section 24. There is no specific provision that this request has to go through a judicial process.
Coverage Telecommunications sector

SIERRA LEONE

Since January 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2019 (No. 11)
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. Section 22 of the Act exempts intermediaries from the legal responsibilities and liabilities associated with any illegal and harmful activities performed by their users on their platforms or through their networks if they are unaware of these activities, do not financially benefit from the activities, and if they remove/restrict the content within a reasonable amount of time after discovering the activities.
Coverage Internet intermediaries

SIERRA LEONE

Since January 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2019 (No. 11)
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. Section 22 of the Act exempts intermediaries from the legal responsibilities and liabilities associated with any illegal and harmful activities performed by their users on their platforms or through their networks if they are unaware of these activities, do not financially benefit from the activities, and if they remove/restrict the content within a reasonable amount of time after discovering the activities.
Coverage Internet intermediaries

SIERRA LEONE

Since November 2020

Pillar Intermediary liability  |  Indicator User identity requirement
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
According to Section 3 of the Telecommunications Subscribers Regulations, telecommunications service providers are required to implement a system to obtain, record, and store information about their subscribers. Moreover, according to Sections 6 and 7, telecom service providers must register subscriber details before new SIM cards or other subscription services are activated. When the regulation was implemented, existing subscribers were also required to be registered by six months from the effective date of the regulation.
Coverage Telecommunication sector

SIERRA LEONE

Since November 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Sections 19.1 and 19.2 of the Telecommunications Subscribers Identification and Registration Management Regulation empowers the National Telecommunications Commission to establish and maintain a central electronic database of communications service subscribers, in which all subscribers' information shall be stored. The database shall be housed either within the Commission or in another location as may be determined by the Commission.
According to Sections 22.3 and 22.4, the transfer and utilisation of subscribers' data outside the country are subject to the provision of justification for the data use, the approval of the Commission, and the assurances of the security and confidentiality of the data/information.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Sierra Leone has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

SIERRA LEONE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of effective protection of trade secrets
Sierra Leone does not have a framework on trade secret protection. Some trade secrets provisions can be found in the Right to Access Information Act, which restricts a public authority from communicating information obtained from a third party where the disclosure of the information would divulge a trade secret or could prejudice the commercial interests of that third party.
Coverage Horizontal

SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Sierra Leone to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The fixed network operator, the incumbent "Sierratel", is a state-owned monopoly. It is the only provider in the fixed landline segment of the Industry. The infrastructure loss as a result of the civil war affected the operations of the operator. It has since launched mobile telecom services, with about 3% of the market share.
Although the telecommunications sector has been liberalised, it is reported that one of the major obstacles to affordable broadband internet in Sierra Leone is the de-facto monopoly and inefficient operation of the international gateway by the state-owned Sierra Leone Cable Limited (SALCAB). The Telecommunications Act was amended in 2015 with the aim of liberalising the international gateway through a repeal and replacement of Section (33) of the 2006 Telecommunications Act to curtail the monopoly of incumbent Sierratel over the international gateway. Still, there have been delays in the liberalisation of the gateway.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Sierra Leone does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

SIERRA LEONE

Since August 2006, last amended in 2009
Since November 2020

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Telecommunications Act, 2006 (No. 9)

Telecommunications (Licensing) Regulations, 2020
Telecommunications operators are required to obtain licenses. However, approval for a license is not required for agreements between two local companies. Also, the licensing regime is reported to be restrictive, as it imposes lengthy lengthy processes on new market entrants. According to Section 20 of the Telecommunications Act, no person shall engage in any activity as a telecommunications operator unless they have been licensed for that purpose by the National Telecommunication Commission (NATCOM). Section 2 of the Telecommunications (Licensing) Regulations confirms the need for business licenses and authorisations for telecommunications, broadband communications and ancillary services in Sierra Leone.
Section 50 of the Telecommunications Act places additional scrutiny on agreements between local and foreign public telecommunications companies. It states that all agreements between local and foreign telecommunications companies should be submitted to the Commission for approval or modification of any terms. In considering the agreement for approval, the Commission shall take into account any exclusionary or discriminatory practices of the foreign-based service providers and telecommunications authorities and shall ensure that the local service providers are not subjected to unreasonable terms or discrimination.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Sierra Leone has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the National Telecommunications Commission (NATCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

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