Late last year, government signed a five-year $740 million (about K1.3 trillion) US health financing deal that raised eyebrows at personal data access. The Parliamentary Committee on Health cautioned government to tread carefully to avoid repercussions after the Ministry of Health conceded discussions with US authorities had been back and forth as they bordered on privacy and sovereignty. In this interview, Our News Analyst LUCKY MKANDAWIRE engages the committee’s chairperson ANTHONY MASAMBA to expound on their fears. Excerpts: QHow is the committee ensuring that Malawi’s data ownership and regulatory primacy are fully safeguarded in the US health financing deal?
AAt present, the Committee has not been furnished with the Memorandum of Understanding and therefore cannot comment on its specific provisions. However, under Section 60(3) of the Constitution and Standing Order 151, the committee will summon the Ministry of Health and require production of the MoU and all relevant records. Only then can we ensure that Malawi’s data ownership and regulatory primacy are fully safeguarded.
QWhat specific clauses would you recommend including to guarantee technology transfer and intellectual property protection for Malawi?
AWithout sight of the MoU, it would be premature to prescribe clauses. Once the document is tabled before us, the committee will scrutinise whether it provides for technology transfer and intellectual property safeguards. Where gaps exist, we will recommend amendments to ensure Malawi benefits from capacity-building and retains in control over its innovations.
QHow would the proposed Malawi-based independent oversight entity operate and what enforcement powers would it have over data access?
AThe committee will consider various models of oversight, including the establishment of a Malawi-based independent entity. Its feasibility and enforcement powers will be determined after reviewing the MoU. Our mandate allows us to propose institutional safeguards to Parliament to ensure accountability in data access.
QWhat are the risks of allowing continuous pathogen and health data sharing for up to 25 years and how can Malawi mitigate them?
AThe committee is aware of the risks inherent in long-term data-sharing arrangements, including sovereignty concerns and privacy vulnerabilities. That is why we are insisting on disclosure of the MoU before any commitments are entrenched. Once reviewed, we will advise on safeguards such as time-bound agreements, anonymisation, and stronger cyber-security measures.
QHow feasible is it to establish a bilateral Data Access Board with veto rights, audit authority, and dispute-resolution mechanisms under this deal?
AA bilateral Data Access Board with veto rights and audit authority is one of the mechanisms the committee will consider. Its feasibility depends on the terms of the MoU. Oversight mechanisms must be negotiated from a position of knowledge, not speculation, and we will ensure that Malawi’s interests are protected.
QGiven past challenges in Kenya, what lessons or precedents should Malawi adopt to avoid legal bottlenecks and ensure compliance with national and constitutional privacy standards?
AKenya’s experience demonstrates the importance of aligning donor-driven health data projects with constitutional privacy protections. Malawi will draw on such precedents once the MoU is disclosed. Our role is to ensure compliance with national and constitutional standards, and to prevent legal bottlenecks that undermine sovereignty.
