35 4.3.21 The OECD has noted that the privacy protection systems in many countries are hybrid approaches, combining self-regulation and legislative action, although the issue has often been approached as if these approaches are entirely separate. In fact, a combination of policy tools often leads to the strongest result and this may be particularly true in Botswana, which wishes to be able to deal at a sophisticated level and become a leader in connectivity and e-commerce in Africa while focusing on priorities and using resources wisely. Privacy protection is an area where the Government can provide leadership and guidance through information (using e-Government and other information and distribution media); early adoption of privacy-enhancing technology, techniques and policies; selective legislation in key sectors (such as financial services and health); and promotion of contractual safeguards and dispute settlement mechanisms.30 In addition, key regulators and parastatals (e.g., the Botswana Telecommunications Authority and the Botswana Stock Exchange) can play an important role in fostering privacy principles and applications through a network of both regulatory requirements and internal compliance policies. 4.4 30 Recommendations: - The Ministry of Communications, Science and Technology should lead a review in conjunction with the Inter-ministerial Legal Reform Task Force to establish policies and procedures, possibly including legislation, for the application of Privacy Principles to the activities and data holdings of Government. - The Ministry of Communications, Science and Technology should lead a review in conjunction with the Botswana Telecommunications Authority and the Attorney General’s Chambers, in consultation with such stakeholders as Internet Service Providers, Botswana Telecommunications Corporation and other providers of telecommunications services, and business and consumer groups, to develop recommendations for the appropriate approaches to the control of “spam”. - The Ministry of Trade and Industry in consultation with the Ministry of Finance and Development Planning, the Botswana Stock Exchange, the Bank of Botswana, the Ministry of Tourism, the Ministry of Local Government, and the Ministry of The OECD Report, Privacy Online: Policy and Practical Guidance”, found that countries noted that contractual arrangements had worked well, but there were limitations, particularly for small users or business-to-consumer contacts. Specifically, contractual frameworks generally did not provide adequate redress mechanisms for consumers or small businesses. OECD Member countries therefore agreed to focus less on contractual solutions and more on how to ensure redress through alternative dispute resolution measures, including on-line dispute settlement.

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