South Africa Needs Data Centres, but Not Without Transparency: Experts Urge Transparency a

South Africa Needs Data Centres, but Not Without Transparency

The South African Human Rights Commission (SAHRC) has launched an inquiry into the human rights impacts of data centres in the country. Article One and the Centre for Human Rights at the University of Pretoria have filed a joint submission with the SAHRC, calling for transparency, participation, and benefit sharing in the development of new data centre projects. The rapid expansion of Artificial Intelligence (AI) and other digital technologies has led to significant investments in AI infrastructure by Big Tech corporations, with trillions being spent on this endeavour. As a result, anxieties about the impact of AI and its transformation of society abound, with many opposing the development of data centres. However, we believe that data centres can be rights-enabling infrastructure, as digital information hosted on South African soil is subject to South African law, including the Protection of Personal Information Act (POPIA) and the Information Regulator.

The legal significance of this matter lies in the fact that it highlights the need for transparency and accountability in the development of data centre projects. The SAHRC inquiry will provide an opportunity for stakeholders to engage with the human rights implications of these projects and ensure that they are developed in a manner that respects the rights of all individuals affected. This is particularly important given the significant increase in data centre capacity planned for South Africa, which could more than double the sector's national power demand.

The relevant statutes and regulations involved in this matter include the Protection of Personal Information Act (POPIA) and the Electronic Communications Act. The SAHRC inquiry will also consider the role of the Information Regulator in ensuring that data centre projects comply with South African law. The key parties involved in this matter are Article One, the Centre for Human Rights at the University of Pretoria, and the South African Human Rights Commission (SAHRC).

Practitioners should monitor the outcome of the SAHRC inquiry and be prepared to engage with stakeholders on the human rights implications of data centre projects. Attorneys and businesses involved in the development of these projects should ensure that they are transparent and accountable, and that they comply with all relevant laws and regulations.