The controversial project has come under criticism from various stakeholders as was the key theme at the recent the Unwanted Witness Privacy Moot Court competition in which the Islamic University In Uganda (IUIU) emerged victorious in.

Under the theme, “Balancing privacy rights and national security: Navigating the impact of surveillance laws on individual freedoms,” it involved discussing the constitutionality of the system. As GEOFREY SERUGO writes, competitors raised concerns about privacy violations, potential misuse as well as possible benefits.

When the duo of Martin Kityo and Aida Gift Kisambira from the Islamic University In Uganda (IUIU) Kampala campus got selected to participate in this year’s Unwanted Witness Privacy Moot Court competition, they set out to leave an impression. But as they progressed from stage after stage up to the finale, it became evident that they had what it takes to take the crown.

They were up against 30 other mooters from 12 universities under the theme; “Balancing privacy rights and national security: Navigating the impact of surveillance laws on individual freedoms.

“We believed in ourselves but also knew other universities had strong teams. But the more we got deeper into the competition, the more we became literally hooked. We did a lot of research and that’s how we managed to impress the different panels of judges,” says Kityo.

Come D-day of the final on September 22 at the Yusuf Lule central teaching facility at Makerere University, Kityo and Kisambira had already established themselves as the team to beat and had strong support from several of their colleagues in attendance.

In attendance were Makerere University deputy vice chancellor Finance and Administration Prof Henry Alinaitwe, representatives from the Makerere School of Law. To roll off the final, Stella Alibateese, National Personal Data Protection director, said the moot is thought-provoking and critical in the implementation of the Data Protection and Privacy Act.

“These moot competitions are a good step in the right direction towards building capacity and understanding what privacy is, awareness on matters of privacy, how we can enforce our rights to privacy and also build capacity for future privacy defenders and practitioners,” she said.

TRICKY COMPETITION

It was a dicey theme that drew a lot of emotions from competitors and the most pertinent issue raised during the competition was government’s soon-to-be-rolled-out use of digital trackers in all motor vehicles in the country. Dubbed the Intelligent Transport Monitoring System (ITMS), there will be compulsory digital surveillance of all motor vehicles in Uganda.

Discussing its potential impact, the common debate was about its constitutionality and adherence to privacy laws. Several mooters acting as plaintiffs against the system implementation argued that constant surveillance of vehicles can lead to the tracking of individuals’ movements, habits, and activities, violating their right to privacy and thereby creating a surveillance state.

It was also raised that the system’s collected data will be at risk of being breached or misused for political targeting on top of deterring people from engaging in lawful activities due to the fear of being monitored, thus limiting their freedom.

However, mooting as representatives from the Attorney General’s chambers, Kityo and Kisambira argued that digital surveillance system can contribute to enhanced security by curbing criminal threats.

“My Lords, this will assist law enforcement in locating stolen vehicles, responding to emergencies and addressing criminal activities,” they argued.

“Section 7(2) of the Data Protection Act provides for the collection of personal data in the absence of consent for purposes of national security, detection of crime and public safety.”

In the end, they did enough to convince Justices Lillian Tibatemwa-Ekirikubinza, Geoffrey Kiryabwire and Eva Luswata Kawuma to be the winners of the competition. Kityo also won the individual award as the best oralist and IUIU capped the day by taking the award for the best written submission applicant.

“We thank our university for giving us full support. The journey was not easy and we had some sleepless nights and this is a humbling experience. We are also grateful for the mentorship of every stakeholder in the moot,” she said.

On top of the Shs 2 million cash prize for IUIU’s winning team, they are set to travel to Mauritius this November as part of the Unwanted Witness privacy moot grand prize competition.

EXPERT TAKE

Justice Kiryabwire noted that the one key aspect that stood out was IUIU’s clarity. “Always identify what the test is and I think the respondents were more precise in their presentation of issues and arguments.” Meanwhile, Justice Ekirikubinza noted that citations and the use of authorities were fabulous for the mooters.

On her part, Dr Zahara Nampewo, the deputy principal of Makerere Law School, prayed for a bigger impact of the moot on the mooters and audience present.

“I hope this moot has not only enhanced your knowledge, but it will trigger debate and information to guide policymakers, especially those from the government of Uganda. In all, it was a worthwhile experience for those who attended and participated and the biggest takeaway from the moot was the opportunity to explore significant legal and ethical issues surrounding the impending digital tracking system.

PRIVACY MOOT COURT COMPETITION AT A GLANCE

The Unwanted Witness Privacy Moot Court Competition is an annual inter-university event organized by Unwanted Witness, an NGO, since 2012. It is designed as a specialized moot court competition focused on data protection and privacy.

Dissecting both complex procedural and substantive issues of data protection and privacy law, the competition opens opportunities to train young legal professionals with expert knowledge of data protection laws, policies and regulations and to further develop their oral, written, analytical, logical, and legal technological skills necessary for this growing sector.

This year’s edition finale in which Islamic University in Uganda emerged winners, was held under the theme “Balancing Privacy Rights and National Security: Navigating the Impact of Surveillance Laws on Individual Freedoms.”

This theme explored the tension between the need for national security and the protection of individual privacy rights, particularly in the context of surveillance laws. It considered questions such as: How much surveillance is too much?

What are the limits on government surveillance? How can individuals and organizations protect their privacy in an age of increasing digital surveillance?

The most pertinent issue raised was government’s impending use of trackers in all motor vehicles in the country and its impact on privacy.