Artificial Intelligence (AI) on the African continent in gaining traction and will before long become profoundly significant in Africans day to day activities. AI technology is likely to alter business operations and performance, enhance productivity, and improve health care, education, legal and judicial services and transportation in Africa. AI also has the potential to solve the continent’s most challenging problems and to reduce existing inequalities. AI also has the potential to solve the continent’s most challenging problems and to reduce existing inequalities. The COSAA 2023 Conference highlighted the utilization of AI technologies in transforming the business, healthcare, legal and agricultural sectors in Africa. It also identifies significant gaps unique to Africa in realizing the full potential of AI. The report focuses on four key thematic areas; AI and Data, AI and Innovation, AI Use in Health, Agriculture, Legal and Creative fields and lastly Responsible AI.

Establishing a strategic approach to leverage AI necessitates consideration of the challenges that may hinder the development and adoption of AI on the African continent. The benefits and risks of AI technology are not equally distributed across regions of the world. In Africa, there are substantial gaps in accessing knowledge, data, education, training, and human resources essential for the development and the adoption of AI technologies principally owing to the digital divide. In considering the existing gaps and acknowledging the strides made to address the them, the COSAA Conference examined the state of AI in Africa in four key thematic areas, namely;

  • AI and Data: Privacy Surveillance Concerns and Mitigation Measures

  • AI and Innovation: Infrastructure Capacity and Data

  • Practical use of AI: AI Use and Impact in Health, Agriculture, Legal and Creative Fields in Africa.

  • Responsible AI: Policies and Legal Frameworks.

Background

Africa continues to express growing interest in the development of an AI ecosystem. This rapidly developing new technology is portrayed to have the potential to solve some of the most pressing challenges in Africa and drive growth and development. Developments in AI have been predominantly driven by private sector technology actors, but growing interest by African governments has seen the start of conversations around “AI strategies” for growth and governance across the continent. It is in line with these thoughts that policy questions around AI arise with prompts to create clear roadmaps to guide the adaptation of AI technology in Africa. Data forms an integral part in the development of AI, the policy implications on the use of data for AI development engender the need to explore law and regulations that govern the use of data by the investors and developers of AI systems. Regionally there are no AI-specific laws or regulations that govern the use of AI, these laws are still in their inception stages. As the continent continues to explore the implications of AI, we endeavor to explore the extent to which data protection laws, regulations, and guidelines are applicable to AI development and to what extent they present safeguards in how AI is developed and used.

A Brief History of AI

Over the years, various scholars have given different definitions of AI, from basic to highly technical and scientific. In 1956, Stanford professor, John McCarthy, a now well renowned Computer Science and Artificial Intelligence innovator, first defined AI to be, the science and engineering of making intelligent machines. It is from this definition that AI was further broadened to refer to, the creation of intelligent hardware or software, able to replicate “human” behaviors such as learning and problem solving or a constellation of technologies that enable machines to act with higher levels of intelligence and emulate human capabilities to sense, comprehend, and act.

The inception of AI dates to the 1950s when researchers in innovation and computer science spent time trying to better understand and improve the ways in which they could actualize the science of making intelligent machines. Machine learning became a popular focus of attempts at improving algorithms to better offer solutions to real-world problems; the success of which prompted AI advocates to make even greater strides in actualizing the use of AI. In the 1970s, however, AI encountered numerous obstacles, particularly where data storage and fast processing were concerned. Computers at the time could not store large amounts of information or process it fast enough. The AI industry entered a period where commercial and scientific activities in AI declined dramatically -the decline triggered by the American government’s decision to pull back on AI research. Consequently, the work on AI stalled, only to be revived in the 1980s by heavy investment by other governments-Japan taking particular interest in realizing the AI dream through the inception of the Fifth Generation Computer System Project (FGCS). Like the rest of the world, Japan was lagging behind the United States in technology, the project was developed with the intention of giving Japan the lead in technological advancements. This quest to realize the AI dream incentivized the funding of expert systems and other AI related endeavors with the goals of revolutionizing computer processing, implementing logic programming, and improving artificial intelligence throughout the 1980s-1990s.

There were significant developments in the use of AI in the 1990s and 2000s. In 1997, great breakthroughs were seen in AI – the world chess champion and grandmaster Gary Kasparov was defeated by IBM’s Deep Blue, a chess playing computer program. Within the same year, a speech recognition software, developed by Dragon Systems, was implemented on Windows. Since then research and development in AI have only grown, characterized by improvements in the performance of AI due to:

  • Abundance in computing power – the development and use of state of the art computers that are faster, making it possible to process very large amounts of data sets within short periods of time as needed for training and fast deployment of AI algorithms.
  • Rapidly declining storage costs – it is now easier and cheaper to store large amounts of data which is key for successful training and deploying AI algorithms.
  • Surge in data availability – in recent years there has been a rapid increase in the availability of datasets which has primarily been propelled by the increase of internet connected devices as well as arise in the use of social media.
  • Increase in AI investment – more money and resources are now being invested in AI both from private sectors,

Current AI Status

AI is expected to affect all areas of socio-economic life with AI innovations already in use in various sectors: banking, marketing, entertainment, education, agriculture, and health. Further, governments around the world have begun to see the potential for AI for their economies, societies, and in delivering public services. In 2017, Oxford Insights created a Government Artificial Intelligence Readiness Index to assess how well governments are placed to take advantage of the benefits of automation in their operations. The index covers 194 countries and territories in respect of their preparedness to use AI in the delivery of public services. Regionally, North America ranks as the best performing region with Africa and the Asia Pacific ranking as the worst. The Government Artificial Intelligence Readiness Index of 2019 estimates that AI technologies will add approximately $15 trillion to the global economy by 2030. The index, through its ranking, also presents clear disparities and inequalities in AI readiness between the global governments; showing higher income countries faring better in the ranking than middle or lower income countries.

While AI presents great opportunities for growth and development, it is important to ensure that AI technologies do not widen already existing social and economic inequalities, especially for vulnerable communities and marginalized groups. AI scholars have argued that caution must also be taken in the implementation of AI technologies. Although the standard narrative created surrounds the positive impacts of AI, when consideration is not given to policy implementation and ethical concerns, AI can have drastic negative impacts especially in exacerbating social inequalities, deepening digital divides by introducing new forms of exclusion and AI labour exclusions.

AI in Africa

The AI ecosystem in Africa is rapidly developing. AI has the potential to address some of the most pressing challenges on the continent and further drive growth and development in the core sectors of agriculture, healthcare, public service, and financial services.
Although The Government Artificial Intelligence Readiness Index of 2019 ranks Africa among the worst performing in respect of AI preparedness, the index ranks at least 12 African countries in the top 100. This index presents the regional readiness of African countries to embrace, promote and use AI – clearly ,a lot still needs to be done within the region to ensure the development of a healthy AI ecosystem. Efforts directed towards changes in education systems, through the creation of frameworks that will develop citizens’ skills needed to fully understand and embrace the use of AI, alongside addressing the ethical implications of fair, secure and inclusive use of AI and the re-assessment of laws and legal frameworks to support data driven technologies, innovation and growth, need to be considered.

A big part of building this ecosystem is ensuring that AI is relevant to African culture and context. Data plays a big role in this; ensuring the availability of a broad and accessible pool of data is important in enabling researchers, developers and users to understand, create and drive the use of AI within the different core sectors.

 

References:

Artificial Intelligence for Africa: An Opportunity for Growth, Development, and Democratisation’.   https://www.accesspartnership.com/artificial-intelligence-for-africa-an-opportunity-for-growth-development-and-democratisation/#:~:text=The%20rapidly%20developing%20set%20of,efficiently%20and%20effectively%2C%20raising%20yields

Clayton Besaw and John Filitz, ‘Artificial Intelligence in Africa is a Double-edged Sword’.   https://ourworld.unu.edu/en/ai-in-africa-is-a-double-edged-sword

Shanhong Liu, ‘Artificial Intelligence (AI) worldwide – Statistics & Facts’, (Statista, 13 March 2020).  https://www.statista.com/topics/3104/artificial-intelligence-ai-worldwide

Chris Smith , Brain McGuire , Ting Huang , Gary Yang, ‘History of Artificial Intelligence’, ( University of Washington , 2006). https://courses.cs.washington.edu/courses/csep590/06au/projects/history-ai.pdf

Rockwell Anyoha, ‘The History of Artificial Intelligence’, (Harvard University , Graduate School of Arts and Science, 28 August 2017).

Rockwell Anyoha, ‘The History of Artificial Intelligence’, (Harvard University , Graduate School of Arts and Science, 28 August 2017). http://sitn.hms.harvard.edu/flash/2017/history-artificial-intelligence/?unapproved=247225&moderation-hash=9724821d51b2ba31eddbfde04a03949d#comment-247225

Sanjeev Kapoor, ‘A Look at the Current Status of Artificial Intelligence’. (ITexchange, October 2019),  https://www.itexchangeweb.com/blog/a-look-at-the-current-status-of-artificial-intelligence

Government Artificial Intelligence Readiness Index 2019’, (Oxford Insights and the International Development Research Centre). https://www.oxfordinsights.com/ai-readiness2019

Alexa Hagerty and Igor Rubinov, ‘Global AI Ethics: A Review of the Social Impacts and
Ethical Implications of Artificial Intelligence’, (Cornell University, 2019). https://arxiv.org/ftp/arxiv/papers/1907/1907.07892.pdf

Mapping of AI Applications in Africa

CIPIT’s AI dashboards provide information on the emerging AI ecosystem on the African continent. African AI applications, in this study, are defined as applications that were:

    1. Generated with machine learning and deep learning algorithms.
    2. Created by AI developers located in Africa.
    3. Created by companies composed primarily of African developers creating AI specifically for use in Africa.
    4. Operational at the time of data collection.
    5. Created by companies that were operational at the time of data collection.

We compiled our list by evaluating entries acquired by accessing and analyzing open-access material, including news articles, websites, corporate documents, academic articles, NGO reports, expert submissions, and other public sources against the above criteria. Unfortunately, active AI applications not listed in any of the open access material above would be excluded from the data.

About the project

The objective of this project is to improve understanding of the Artificial Intelligence (AI) policy and capacity in Africa to support responsible AI for development. The specific objectives are:

  1. Deepen our understanding of the innovation ecosystem concerning the development and use of AI in Africa;
  2. Explore the nature of gender bias and power imbalances in AI systems made in or for Africa; and
  3. Explore the law and policy landscape as pertains to AI and development.

Problem Statement

Due to the unique geographical, cultural, and political nature of the continent, the 4th industrial revolution on the continent is evolving differently from its global counterparts. The motivations for the development of AI systems, the parties involved in that development, and the impact of the AI ecosystem on the continent are best analyzed and framed through the unique African lens. There is a need for an objective assessment – one not relying on dominant Western voices – of the current AI landscape on the continent. This research will seek to do so by addressing the following questions for AI systems developed or under development in Africa:

i. What is the context in which the AI development and implementation occurs?
ii. Who are the parties involved in or affected by a given AI system?
iii. What are the motivations, generally and specifically, that fuel AI development in Africa versus the Global North?
iv. What are the positive and negative impacts, current and future, of the technology, and who are the parties, described in (ii), most likely to be affected?

Objectives

The overarching goal of this work is to provide a comprehensive overview of the current state of AI in Africa using a framework created from and tailored to the African perspective. In re-framing AI from an African perspective, we must develop new terminology and characterizations to describe the AI ecosystem and the parties involved in it. Therefore, the project will have the following sub-objectives:

i. To create language, relevant to the African experience, to describe the AI ecosystem, process, and parties;
ii. To outline a conceptual framework for the AI systems and stakeholders in Africa;
iii. To provide a comprehensive review of the motivating factors fueling AI development in Africa; and
iv. To provide a conceptual framework for ‘vulnerable communities’ in the context of AI.

AI in Africa : Framing AI through an African Lens

Summary

Development and adoption of artificial intelligence (AI) in Africa has occurred slowly relative to developed countries. A vibrant AI ecosystem is growing on the continent. Due to the unique geographical, cultural and political nature of the continent, the 4th industrial revolution on the continent is evolving differently from its global counterparts. The motivations for development of AI systems, the parties involved, and the impact of the AI ecosystem on the continent are therefore best analyzed and framed through a unique African lens. This paper seeks to begin this process by developing a conceptual framework to characterize the parties involved in the African AI ecosystem. i.e., the African AI stakeholder. Identification of these stakeholders will aid in determining their interests, responsibilities and accountability and will provide a basis for the development and implementation of an equitable AI ecosystem. It is our goal that this framework, ultimately, be used to guide the contributions from the African AI perspective in global dialogues on ethics, bias, inclusion and similar topics in the AI sphere.

AI Assistive Technologies (ATS) for Persons With Disabilities (PWDS) in Africa

Summary

Assistive technologies (ATs) are the various tools, devices, software, or equipment designed to assist individuals with disabilities in performing tasks, improving their functional capabilities, and enhancing their overall independence when interacting with physical and digital environments. Unfortunately, over 80% of persons with disabilities live in low and middle-income countries (LMICs), where Assistive Technologies are not readily available. This project mapped the various AI-based Assistive Technologies (ATs) used in Africa, and identified the pressing challenges impacting their development and deployment on the continent, such as inadequate representative datasets to develop AI-based systems, inadequate funding for AI assistive applications, digitalization and digital skills gaps, and policy challenges. The project also issues policy recommendations to address these challenges, such as integrating assistive technology policies into the health frameworks, development of appropriate data infrastructure, bridging the digital gap and increasing funding and investment into assistive technology projects.


 
AI ASSISTIVE TECHNOLOGIES (ATS) FOR PERSONS WITH DISABILITIES (PWDS) IN AFRICA

Mapping of AI Assistive Technologies (ATS) for Persons With Disabilities (PWDS) Developed in Africa

Assistive technologies (ATs) are the various tools, devices, software, or equipment designed to assist individuals with disabilities in performing tasks, improving their functional capabilities, and enhancing their overall independence when interacting with physical and digital environments. This project mapped the various AI-based Assistive Technologies (ATs) developed in Africa, and outlined pressing challenges that affect their development and deployment on the continent, such as inadequate representative datasets to develop AI-based systems, inadequate funding for AI assistive applications, digitalization and digital skills gaps, and policy challenges. The project also issues policy recommendations to address these challenges, by integrating assistive technology policies into the health frameworks, developing appropriate data infrastructure, bridging the digital gap and increasing funding and investment into assistive technology projects.

Introduction to our Work

Artificial Intelligence (AI) is a suite of technologies that are experiencing a renaissance moment. No longer merely a dream of computer scientists, AI is now widely deployed in a variety of applications. Our focus is “African AI” – AI that is developed in Africa and/or by African developers for use within the African context or primarily for African users.

By researching AI tools, products, trends, policies, and impacts, we seek to contribute to the conversations that will help to positively steer the development and impact of AI. In particular, we seek to contribute to the definition and pursuit of responsible AI. We are also committed to the incorporation of gender issues in AI research and development as AI becomes more widely adopted.

Our current AI research is focused on the central question “Does African AI differ substantively from AI developed elsewhere?”.

We invite you to explore our work through the tabs at the left.

Below is a sample of our work: Our submission to the World Intellectual Property Organization (WIPO) as they seek consultation on issues affecting Intellectual Property and Artificial Intelligence.

The speaker is Ms. Wanjiru Muchiri, a Research Fellow and IP expert at CIPIT. The full video can be found here.

WIPO CONVERSATION ON INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE

Our IP team also took part in the World Intellectual Property Organization (WIPO) “How does AI work?” competition in November 2020 where participants were asked to send in short videos explaining AI in a fun, engaging, and easily accessible way. We are pleased to announce that we were selected as one of the winners and our video is displayed on the WIPO AI Exhibition page.

About the project

Climate change is widely acknowledged as one of the greatest threats that humanity will face in the 21st century. Africa is not immune to the challenges, and in some ways will be more greatly affected by them. Climate change models are currently using AI to improve accuracy, but these are largely developed outside of Africa, and may not take into account the specific nuances of culture, geography, and populations in Africa. We seek to know whether African developers are using AI to assist the region with climate change adaptation and impact mitigation.

The African Handbook of Climate Change Adaptation

The African Handbook of Climate Change Adaptation is part of the “Climate Change Management Series,” published by Springer. With over 100 chapters covering the whole African continent, it provides a robust and long-lasting contribution to the literature. The publication is fully peer-reviewed by a panel of editors and reviewers and is coordinated by the International Climate Change Information and Research Programme (ICCIPR). We have contributed a chapter on the use of AI to address climate change in Africa.

Chapter title: Use and impact of artificial intelligence on climate change adaptation in Africa

Abstract

Although Climate Change is a global phenomenon, the impact in Africa is anticipated to be greater than in many other parts of the world. This expectation is supported by many factors, including the relatively low shock tolerance of many African countries and the relatively high percentage of African workers engaged in the agricultural sector. High-income countries are increasingly turning their focus to climate change adaptation, and Artificial Intelligence (AI) is a critical tool in those efforts. Algorithms using AI are making better predictions on the short- and long-term effects of climate change, including predictions related to weather patterns, floods and droughts, and human migration patterns. It is not clear, however, that Africa is (or will be) maximally benefitting from those AI tools, particularly since they are largely developed by highly-developed countries using data sets that are specific to those same countries. It is therefore important to characterize the efforts underway to use AI in a way that specifically benefits Africa in climate change adaptation. These efforts include projects undertaken physically in Africa as well as those that have Africa as their focus. In exploring AI projects in or about Africa, this chapter also looks at the sufficiency of such efforts and the variety of approaches taken by researchers working with AI to address climate change in Africa.

About the project

As with other software specialties, a majority of AI developers are men. It has been proposed that this, as well as biased data sets, leads to cases of gender bias in AI products as currently observed and widely reported. We propose to investigate the issue of gender bias in African AI systems and products, to determine whether similar biases are present, as well as how African developers have sought to minimize such biases.

Results of the study, executive summary

The gap between men and women has widened, if not worsened under the advent of technology. New tools and methods of discrimination for instance in biased algorithms to incorrect labeling leading to algorithms miscategorizing women in certain professions, flawed keyword searches, and sexist terminology in Information and Communication Technology (ICT). The persistence of inherent stereotypes in Artificial Intelligence (AI) including AI assistants with female voices and representation of AI in media on a sexist scale has called into question the assumption of neutrality of algorithms and the potential for harm in the future. While much has been said on the global AI gender gap, the African AI landscape lies largely unexamined in its contribution to the gender gap in AI. This report is an experimental study into the representation of women in AI in Africa based on data collected on the staff composition of African based AI companies and projects.

The gap between men and women in AI in Africa stands at 71-29% compared to the global gender gap of women in AI which stands at 78-22% as of 2018. The proportion of female participation per industry differs from corporate services, healthcare, and agriculture having the smallest gender gaps and entertainment and environmental conservation having the widest.

This study also considered the participation of women in management fields to assess power and decision-making hierarchies in AI companies and projects across gender lines. The study shows women making up 13% of CEOs and 10% of founders with an overall gender gap of 90% to 10% for overall leadership positions between men and women respectively.

This study provides an analysis into the causes of this gender gap and their unique situatedness in Africa noting that, in part, there needs to be greater care into what AI is borrowed from the Global North and whether in borrowing tech we are not also borrowing added layers of gender inequality to an already unequal system. The study also considers that an analysis of AI gender inequality in Africa requires a tripartite discussion nuanced with this study forming one part, the inclusion of women in the design of AI.

Our paper on this study will be available soon.

The Artificial Intelligence Labour Gender Gap in Africa

The project mapped the gender composition of AI projects and companies
originating in countries across Africa to capture the diversity struggles
particular to AI start-ups, examine what those struggles exemplify in an African
context and determine the mechanisms that can be put in place to curb them.
For this study, we defined African AI companies as companies that were:

  1. Building applications with machine learning and deep learning algorithms,
  2. Located in Africa,
  3. Operational at the time of data collection,
  4. Companies with at least 2 employees.

We compiled our list by evaluating entries we acquired by accessing and analyzing open-access material, including news articles, websites, corporate documents, academic articles, NGO reports, expert submissions, and other public sources. A total of 160 companies were investigated across 21 countries.


The Artificial Intelligence
Labour Gender Gap in Africa

Mitchel Ondili et al., The Artificial Intelligence Labour Gender Gap in Africa, Report from CIPIT, (2021).

Data Protection in Africa

Data Protection in Africa

Data protection and AI can be analyzed from two perspectives: the first, relating to collection, processing, and storage of personal data for AI development and the second, to the protection of data from misuse and exploitation by researchers and developers during data mining, collection, processing, and storage. Both perspectives interlink and can be addressed, to an extent, by use of similar policies and legal frameworks.

The past year has seen African countries set foundational frameworks with respect to data protection necessitated by the changes and growth of the digital space on the continent. To date, 22 out of the 54 African countries have implemented data protection laws. The remaining majority have bills waiting to be passed into law. This is particularly significant to AI systems that rely on the processing of personal data as these laws create the foundational basis for the protection of personal data against misuse and exploitation by researchers, developers, and even the users of AI.

Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.  Thus the general data protection principles on the protection of personal data could apply in specific aspects to AI. Specific data protection principles that may apply include:

  • Fairness: To function as intended, AI algorithms are trained using datasets. The principle of fairness mandates that the data must be handled in ways that would be reasonably expected and not used in ways that would have unjustified adverse effects. For AI systems, processing personal data in accordance with the fairness principle, means the data utilized must not be biased or flawed resulting in incorrect or discriminatory results.

  • Purpose Limitation: Machine learning often takes place by utilizing datasets collected for other purposes. Purpose limitation requires that the reason for processing data must be clearly established and indicated when the data is collected. The purpose of the processing also needs to be fully explained to the data subject, so that they can make an informed decision regarding consent where applicable.

  • Data Minimization: The development of artificial intelligence usually requires the processing of huge amounts of data. The Principle of data minimization compels that the gathered data must be used in an adequate, relevant, and limited manner, only to the extent that is necessary for achieving the purpose for which it was collected.  The principle mandates that sufficient efforts should be taken to determine the exact needs of the algorithm and to select only the information that is actually relevant for those purposes.

  • Accuracy: This principle of accuracy requires that personal data is accurate and kept up-to-date. This principle is of particular importance for fully automated systems, where the output could have a significant impact on individuals with little human oversight. In the context of AI, feeding an AI system inaccurate data could lower the quality of the output, and this principle requires that AI users take a particularly vigilant approach to ensuring that the data set is not diluted by bad quality data. These principles have been embedded in legal frameworks on data protection both regionally and nationally by individual countries within their specific data protection regulations. The existing regional frameworks are:

  • The African Union Convention on Cyber Security and Personal Data Protection: Adopted in 2014, the Convention has so far been signed by 14 states and ratified by 5 countries out of 54 member states. The Convention gives extensive legislative guidelines and member state obligations in promoting cybersecurity governance and the protection of personal data. Chapters II and III give member state obligations and commitments towards the protection of personal data as well as the application of the data protection principles.
    Additional legislative frameworks have been applied through specific African blocks and have led to the implementation of Data protection laws.

The additional legislative frameworks include:

  1. Supplementary Act on Personal Data Protection:
    Adopted in 2010 by the Economic Community of West Africa States (ECOWAS), the Act specifies the prerequisites of data protection laws creating an obligation upon the member states to create a data protection authority. The Act is legally binding. Of the 15 ECOWAS member states only Sierra Leone and Liberia are yet to enact data protection laws.

  2. SADC Model Law on Data Protection:
    The SADC Model Law on Data Protection was developed by the Southern Africa Development Community (SADC) 2010 and was adopted in 2013.  Out of the 16 member states, 7 member states have data protection legislation, 6 have draft legislation whereas 2 still don’t have any legislation on data protection. The model law provides a template that has been used by member states in developing their own data protection laws.

  3. EAC Framework on Cyber Laws:
    The East African Community (EAC) is the regional intergovernmental organization of the Republics of Burundi, Kenya, Rwanda, Uganda, and the United Republic of Tanzania.  The EAC framework on cyber laws was first established through the assistance of UNCTAD through the development of a Task Force on cyber laws in 2007. The Taskforce Prepared and endorsed two cyberlaw frameworks :

  • Framework I covers electronic transactions, electronic signatures and authentication, cybercrime, consumer protection, data protection, and privacy.

  • Framework II focuses on intellectual property rights, competition, e-taxation, and information security.

Of the EAC states  Kenya and Uganda have enacted data protection legislations. Rwanda and Tanzania are in the process of enacting their draft legislations.

AI Specific Legal Frameworks

The existence of these frameworks and laws form a good foundation for the protection of personal data when collected, processed, and used for AI development. These laws offer a safety net to the data subjects against misuse and possible exploitation of their data. While personal data protection laws offer a great start in regulating the data used for AI technologies, these laws do not cover all aspects of AI. AI specific policies, laws, and regulations are important in creating a clear roadmap towards the use of AI in a manner that is transparent and supports innovation, but also in the protection of fundamental rights and freedoms of the people and protection against exploitation and misuse not only by developers during their data collection and mining process but also by end-users.

The AU through its ministers for communication, and information and communication technologies (CICT) have taken steps towards the development of AI specific legislations for the African region by adopting the 2019 Sharm El Sheikh Declaration that puts special focus on the African Digital Transformation Strategy (DTS). The Digital Transformation Strategy for Africa is based on:

  • Foundation pillars: Enabling Environment, Policy and Regulation, Digital Infrastructure, Digital Skills, and Human Capacity, Digital Innovation and Entrepreneurship;

  • Critical sectors: Digital Industry, Digital Trade, and Financial Services, Digital Government, Digital Education, Digital Health, Digital Agriculture) to drive the digital transformation;

  • Cross cutting themes: Digital Content & Applications, Digital ID, Emerging Technologies, Cybersecurity, Privacy and Personal Data Protection, Research and Development to support the digital ecosystem.

The DTS also includes policy recommendations and actions under each foundational pillar, critical sectors, and cross-cutting themes. The declaration requested member states among others to, establish a working group on AI to study:

  • The creation of a common African stance on Artificial Intelligence (AI)

  • The development of an Africa wide capacity building framework

  • Establishment of an AI think tank to assess and recommend projects to collaborate on in line with Agenda 2063 and the UN Sustainable Development Goals.

Further, African UNESCO member states joined in the consultations with UNESCO for the first draft of a Recommendation on the Ethics of AI, to be submitted to UNESCO Member States for adoption in November 2021. If adopted, the Recommendations will be the first global normative instrument to address the impact of the development and application of AI.

Conclusion

Overall, for Africa to reap the benefits of AI, it will be important to reflect upon the policy implementations and changes that need to be considered to foster innovation and non- stifling oversight; the impact anticipated from the use of AI technologies and the benefits that will be derived from the use of AI both short term and long term. The oversights that relate to the collection, processing storage and use of data for AI must be developed in such a way that is both relevant and applicable to the African context socially, politically and economically.  Policy makers must ensure that the regulations are structured in a manner that protects information from leakages, misuse and exploitation and protects the rights of its people.

References:

What is personal data?’.  (European Commission).  https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en

Artificial Intelligence and Data Protection’.  (SEE LEGAL) https://seelegal.org/news/artificial-intelligence-data-protection/

African Union Convention on Cyber Security and Personal Data Protection. https://au.int/sites/default/files/treaties/29560-treaty-0048_-_african_union_convention_on_cyber_security_and_personal_data_protection_e.pdf

East African Community’. (UNCTAD).  https://unctad.org/en/Pages/DTL/STI_and_ICTs/ICT4D-Legislation/eCom-EastAfrican.aspx

2019 Sharm El Sheikh Declaration.  https://au.int/sites/default/files/decisions/37590-2019_sharm_el_sheikh_declaration_-_stc-cict-3_oct_2019_ver2410-10pm-1rev-2.pdf

African Digital Transformation Strategy (DTS).  https://au.int/sites/default/files/newsevents/workingdocuments/37470-wd-annex_2_draft_digital_transformation_strategy_for_africa.pdf

African Digital Transformation Strategy and African Union Communication and Advocacy Strategy among major AU initiatives in final declaration of STCCICT3’.  (African Union)  https://au.int/en/pressreleases/20191026/african-digital-transformation-strategy-and-african-union-communication-and

UNESCO launches worldwide online public consultation on the ethics of artificial intelligence’.  (UNESCO)  https://en.unesco.org/news/unesco-launches-worldwide-online-public-consultation-ethics-artificial-intelligence

Data Privacy and AI

Data Privacy and AI

Summary

The infographic provides a comprehensive overview of the intricate relationship between AI technologies and data privacy, outlining critical aspects of data collection and use in this AI-driven era. It begins by highlighting the pervasive use of AI in surveillance, shedding light on its implications for personal privacy. As AI technologies become increasingly integrated into surveillance systems, concerns arise regarding the extent of data collection and its potential misuse.

Amidst the AI revolution, preserving privacy becomes a paramount challenge, as the infographic elaborates on various risks and issues associated with AI-driven data processing. It delves into the pressing issue of bias and discrimination, emphasizing the need for fairness and accountability in AI algorithms to prevent reinforcing societal prejudices. Additionally, it addresses the concern of potential job displacements for workers as AI automates various tasks, reshaping the employment landscape.

Furthermore, the infographic highlights the issue of data abuse practices, underscoring the importance of robust data protection measures. Shifting the focus to Kenya's digital transformation and AI policy landscape, it explores how African nations are approaching the protection of privacy in the age of AI. Finally, the infographic offers insights into best practices and mitigation measures for privacy and data protection in AI, providing valuable guidance for policymakers and stakeholders navigating this complex terrain.


UNVEILING PRIVACY
IN THE AI ERA

Artificial Intelligence (AI) and Education

Summary

The adoption of Artificial Intelligence (AI) has revolutionized the global education industry. There has been an increase in the use of educational technology (Ed-tech) platforms that incorporate AI in African countries such as Kenya, Nigeria, and South Africa. These platforms have been recognized for their contributions to improving the quality of learning and teaching, with AI aiding both teachers and students in their respective endeavors. In addition, AI has been lauded for its potential to improve students’ knowledge and learning habits, as well as to create a more individualized approach to education. With the adoption of data protection frameworks in African countries and the need to protect the right to privacy, the impact of AI and related technologies on children’s rights and well-being, particularly in terms of privacy, should be carefully considered.

This project analyzed the privacy policies and safeguards afforded to children on various AI-enabled Ed-tech platforms, i.e. platforms whose software employs AI technologies such as machine learning, deep learning, natural language processing, computer vision, reinforcement learning, and other subfields of AI. The analyzed Ed-tech platforms were developed and deployed on the African continent and were intended for use by legally defined children. In order to determine compliance, the data protection measures, specifically the privacy policies of the platforms, will be compared to national data protection laws governing the processing of children’s data. The study found that 50% of the platforms analyzed (primarily applications from Western and Southern Africa) have privacy policies and 50% of the platforms analyzed lack publicly accessible privacy policies, even after registration. Additionally, only 4 of the examined platforms discuss children and their rights, as well as whether or how parents or guardians can actively participate by providing consent. Based on these findings, it is evident that a discussion on parental consent, safeguards implemented to protect children’s privacy rights in the age of artificial intelligence, and children’s participation in their right to privacy is necessary.

AI Laws on Data Processing

Summary

In the last five years, investment in the research and development of artificial intelligence (AI) has taken a new and urgent turn in several countries1 as its many possibilities and advantages become increasingly apparent. The heady predictions made years back2 now seem within reach as AI looks set to make a radical difference in innumerable aspects of our lives, from work3 to the management of healthcare4 and the relentless drive to build driverless vehicles.5 Those sectors give us an idea why there seems to be consensus among analysts that AI will in future have a monumental influence on which economies become dominant and which ones flounder,6 all this shaped by the network effects that are known to secure a dominant perch for early birds.7

Network effects, which refers to the idea that the more users a product has the more users it will gain, has been particularly instrumental in the growth of today’s largest technological companies. ‘Data network effects’ is closely connected: essentially the idea that the more people using a tool, the more data is generated and leveraged and the better the tool becomes.8 Many AI startups chase the benefits of network and data network effects because competitors are bound to have a difficult time adding any value once one gets ahead. This point has significant bearing on the future of African countries since the economic gap between countries in Africa and countries in other parts of the world will very likely widen significantly if African countries do not build competitive AI ecosystems.

Given how important data is to the advancement of AI, it is no surprise that coordinated collection of big data has assumed a scale never seen before. Indeed, the collection of everything from health records and social security numbers to social media posts and search-engine queries has become inescapable.9 The risk such collection of personal data poses for republican freedom in a liberal society is significant. As expected, many countries have responded to this problem by enacting data protection law. The standard bearer has for a while been the EU’s General Data Protection Regulation (GDPR), which requires privacy by design. In establishing their own data privacy regulation, many African countries followed the GDPR model. Some of these countries include South Africa,10 Egypt,11 Kenya,12 Mauritius,13 Chad,14 Ghana,15 Lesotho16 and Togo.17 Out of them, the countries that will serve as case studies for this research will be Kenya, Ghana and South Africa.

While there exist studies that have tracked the growth/ assessed the usefulness of data protection regulation around Africa,18 none investigate how data protection regulation in African countries is affecting its AI ecosystem/ is likely to affect its AI ecosystem. This study aims to determine the perceived effect of this regulation is having on AI innovation. The report details findings of the perceived effect of data minimization and data non – repurposing laws on AI innovation. The study reached 158 respondents with most of the respondents (151) working in Kenya, contributing to 95.57% of the total respondents while the remaining 4.43% (7) coming from other African countries. In general, respondents believed that these laws would hinder multiples aspects of AI innovation in one manner or another.

The report below provides greater details on the study and its findings.

1 Government of the United Kingdom, Press Release, ‘Funding for 84 million euros for artificial intelligence and robotics research and smart energy innovation announced’ 8 November 2017; Mathieu Rosemain and Michel Rose, ‘France to spend $1.8 billion on AI to compete with US, China’ Reuters, March 29 2018; State of European Technology Report, 30 November 2017; Daniel Araya, ‘Who will lead in the age of Artificial Intelligence’ Forbes, January 1 2019; Ralf Llanasas, ‘A look at the US/ China battle for AI leadership’ Design News, June 7 2019; Paul Mozur, ‘Beijing wants AI to be made in China by 2030’ New York Times, July 20 2017; National Science Foundation, Press Statement 18–005, ‘Statement on Artificial Intelligence for American Industry’ May 10 2018.

2 See Ray Kurzweil, The Age of Intelligent Machines, MIT Press, Cambridge Massachusetts, 1990, page 425–449.

3 Paul R Daugherty and H James Wilson, Human + Machina: Reimagining Work in the Age of AI, Harvard Business Review Press, Boston, 2018, pages 23 to 76.

4 Eric Topol, Deep Medicine: How Artificial Intelligence Can Make Healthcare Human Again, Basic Books, New York, 2019, page 59–67.

5 Hod Lipson and Melba Kurman, Driverless: Intelligent Cars and the Road Ahead, The MIT Press, Cambridge Massachusetts, 2016, page 85–125.

6 PWC estimates that AI will add nearly 15.7 trillion USD to the global economy by 2030, all of which will be unevenly split between the countries in the lead. See https://www.pwc.com/gx/en/news-room/press-releases/2017/ai-to-drive-gdp-gains-of-15_7-trillion-with-productivity-personalisation-improvements.html (last seen October 22 2019).

7 Brad Smith and Carol Ann Browne, Tools and Weapons: The Promise and Peril of the Digital Age, Penguin Press, New York, 2019, page 270.

8 Alexandre Golfaloneri ‘Why is it hard to build AI and data network effects’ Towards Data Science, January 14 2020.

9 Louise Matsakis ‘The Wired guide to your personal data (and who is using it)’ Wired, February 15 2019.

10 Chapter 3 Part A, Protection of Personal Information Act, Act 4 of 2013.

11 Personal Data Protection Law, July 2020, No. 151/2020.

12 Data Protection Act (Act No. 24 of 2019).

13 The Data Protection Act, 22 December 2017, Act No. 20 of 2017.

14 Protection of Personal Data Act, 10 February 2015, act 007/PR/2015.

15 Data Protection Act, 2012, Act 843.

16 Data Protection Act, 22 February 2012, Act No. 5 of 2012.

17 Law Relating to the Protection of Personal Data, 29 October 2019, Law No. 2019-014.

18 See for example: Privacy International ‘2020 is a crucial year for data protection in Africa’ https://privacyinternational.org/long-read/3390/2020-crucial-year-fight-data-protection-africa (last accessed May 20 2021) and Idris Ademu and Adedeji Adeniran ‘Assessing Data Protection and Privacy in Africa’ in the report ‘Assessing Digitization and Data Governance Issues in Africa’ Centre for International Governance Innovation, 2020.


THE IMPACT OF DATA PROCESSING
ON THE DEVELOPMENT OF ARTIFICIAL
INTELLIGENCE IN AFRICAN COUNTRIES

 

Artificial Intelligence (AI) in Kenya’s Banking Sector

Summary

This study explores the impact of AI on women’s jobs in Africa’s banking industry. The study adopted a mixed method of literature review and questionnaire survey administered on bank staff and AI technological companies in Kenya. Findings reveal that AI is being used in the bank industry to perform some tasks which were ordinarily handled by personnel, that most women were in the easily automated tasks as opposed to technology relevant expert field and so the possibility of losing their jobs and unemployment was higher in these roles than others. In essence, the threat of loss of jobs is real but new jobs in the technology field will be created. This calls for the need for upskilling and upgrading especially for women in the technology sector and for new policies or the upgrade of policies to align with the findings to protect jobs in the face of AI use in the banking industry.

Read more here

The New Wave of eHealth: Artificial Intelligence (AI) and Privacy Concerns? A Case Study of Kenya

The New Wave of eHealth: Artificial Intelligence (AI) and Privacy Concerns? A Case Study of Kenya

Summary

The objective of the report is to assess and analyse whether the right to privacy has been actualised within Kenyan AI eHealth platforms. This was done through examining the presence of privacy initiatives within the eHealth platforms, evaluating whether the privacy initiatives meet the legal threshold and assessing the efficacy of the design and structure of the privacy initiatives in place in relation to users understanding and applying their right to privacy. The above assessments assisted with supplying evidence as to why the privacy initiatives needed to be remodified as well as providing evidence for proposed legal reforms for the various gaps present.

The findings from the report indicate that:

    • There are existing laws in Kenya which are applicable to the regulation of eHealth.

    • Few Kenyan AI eHealth platforms have an existing website and privacy policy/commitment.

    • Modifications can be done on the privacy policies of Kenyan AI eHealth platforms to improve privacy protection of data subjects.

    • Legal reforms will play a fundamental role in enhancing privacy protection and also regulation of AI technologies.

The attached full report contains the detailed analysis of the study that was conducted and the findings that were obtained.



The New Wave of eHealth: AI and Privacy Concerns? A Case Study of Kenya

2023 Report

State of Artificial Intelligence in Africa 2023 Report

Summary

Artificial Intelligence (AI) on the African continent in gaining traction and will before long become profoundly significant in Africans day to day activities. This report highlights the potential of AI technologies in transforming the business, healthcare, legal and agricultural sectors in Africa. It also identifies significant gaps unique to Africa in realizing the full potential of AI. The report focuses on four key thematic areas; AI and Data, AI and Innovation, AI Use in Health, Agriculture, Legal and Creative fields and lastly Responsible AI


STATE OF ARTIFICIAL INTELLIGENCE IN AFRICA 2023 REPORT

The State of AI in Africa 2023 - A Policy Brief

The State of AI in Africa 2023 - A Policy Brief

Summary

Artificial Intelligence (AI) on the African continent is gaining traction and will before long become profoundly significant in Africans day to day activities. The report highlights the current AI landscape in Africa and the policy charts a path forward for policymakers in creating laws and policies that will facilitate AI innovation while protecting the public.


THE STATE OF AI IN AFRICA - A POLICY BRIEF

AI in Africa : Framing AI through an African Lens

AI in Africa : Framing AI through an African Lens

Development and adoption of artificial intelligence (AI) in Africa has occurred slowly relative to developed countries. A vibrant AI ecosystem is growing on the continent. Due to the unique geographical, cultural and political nature of the continent, the 4th industrial revolution on the continent is evolving differently from its global counterparts. The motivations for development of AI systems, the parties involved, and the impact of the AI ecosystem on the continent are therefore best analyzed and framed through a unique African lens. This paper seeks to begin this process by developing a conceptual framework to characterize the parties involved in the African AI ecosystem. i.e., the African AI stakeholder. Identification of these stakeholders will aid in determining their interests, responsibilities and accountability and will provide a basis for the development and implementation of an equitable AI ecosystem. It is our goal that this framework, ultimately, be used to guide the contributions from the African AI perspective in global dialogues on ethics, bias, inclusion and similar topics in the AI sphere.


FRAMING AI THROUGH AN AFRICAN LENS

AI Stakeholder Framework

AI Stakeholder Framework Dashboard

AIs popularity on the African continent is fast rising and need for regulation of its dynamic nature ought to be addressed by African stakeholders. In identifying stakeholders in the African AI ecosystem it is crucial to understanding the role of different stakeholders in the ecosystem.

The AI Stakeholder Dashboard is designed to identify stakeholders within the African AI ecosystem by applying the stakeholder framework to existing National AI strategies and foundational laws i.e. Data Protection Laws. Through this, we aim to establish the responsibilities and accountabilities of the identified stakeholders through the three normative claims: Fair economic opportunity, Legitimacy, and political equality and Authenticity.

The dashboard creates an understanding and classification of,

  • The stakeholder framework based on the normative claims

  • The stakeholder classification

  • The Application of the Stakeholder framework derived from, ‘Framing AI through an African Lens

  • A Mapping of National AI strategies and foundational laws in Africa. This will demonstrate the application of the stakeholder framework by identifying how accountability and responsibility can be attributed to stakeholders as classified within the normative claims.

AI Dashboards

AI Stakeholder Framework Dashboard.

 

Mapping of AI Applications in Africa

 

The Artificial Intelligence Labour Gender Gap in Africa

 

This page contains a running list of our past and current publications and engagements relevant to AI.

1. WeRobots Conference

Held virtually in 2020, WeRobots was sponsored by the University of Ottawa and the Center for Law, Technology, and Society. We presented the following paper:

Title: Towards Integration of African Priorities into Artificial Intelligence (AI) Policy Agendas.

Abstract: Artificial intelligence (AI) technologies and applications present both profound opportunities and significant challenges for economic, social, and cultural development in communities, nations and regions on the African continent. There is growing engagement with AI matters by African innovators, researchers and institutions, with support from international technology firms and international development partners. But the African AI policy discourse is still only embryonic. Debates on how policy, law and regulation should address AI’s numerous dimensions, including those that apply to Africa, have to date been dominated by Western perspectives. In support of the need for greater African-centric policy engagement with AI matters, this paper provides:

  1. An introduction to AI’s definitions, implications, and current manifestations in Africa.
  2. An exploration of AI’s implications in Africa in respect of equity and labour.
  3. An overview of some developed-world AI policy responses.
  4. Review of some of the initial activities, and principles at play, in African AI policymaking contexts.

2. AI4D Network

The diversity of the African continent demands a diversity of representation. In 2019 and in collaboration with IDRC, CIPIT hosted the first gathering of the AI4D Network. The output of that event can be found here. https://www.k4all.org/event/ai4dworkshop.

3. WIPO call for public input — Conversations on Intellectual Property and AI.

In response to the World Intellectual Property Office’s conversations on IP and AI, CIPIT submitted three letters with perspectives on IP and AI from the Global South.

Our submission to the World Intellectual Property Organization (WIPO) as they seek consultation on issues affecting Intellectual Property and Artificial Intelligence.

The speaker is Ms. Wanjiru Muchiri, a Research Fellow and IP expert at CIPIT. The full video can be found here.

WIPO CONVERSATION ON INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE

Funding for this work is provided through the AI4D project of IDRC.

We are part of the Alliance for Inclusive Algorithms.

We are the East Africa hub for the Open African Innovation Research (Open AIR) Network.