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The Zambian government has accused the U.S. Embassy of misinterpreting key provisions in its advisory to American citizens regarding the recently enacted Cyber Security Act No. 3 of 2025.
In a statement issued in Lusaka on Saturday, the Ministry of Foreign Affairs and International Cooperation said while it appreciates the Embassy’s responsibility to inform its citizens, it found it necessary to clarify inaccuracies presented in the advisory.
The Ministry reaffirmed Zambia’s commitment to the rule of law, the protection of privacy rights, and the promotion of good governance.
It explained that the new Cyber Security Act strengthens Zambia’s cybersecurity framework to protect citizens, institutions, and the economy against evolving cyber threats.
“It repeals and replaces the Cyber Security and Cyber Crimes Act No. 2 of 2021 and aligns with international best practices, including the Budapest Convention and the African Union’s Malabo Convention,” the statement read.
The Ministry clarified that the Act did not mandate the proactive interception of electronic communications, nor does it authorize indiscriminate monitoring.
Section 37 of the Act explicitly prohibits random monitoring, and any lawful interception under Section 29 must be authorized by an ex parte order from a High Court judge, similar to the U.S. Electronic Communications Privacy Act of 1986.
Emergency interceptions under Section 30 must be justified in writing to a court within 48 hours, and the misuse of intercepted data carries severe criminal penalties.
The Ministry also emphasized protections under Section 36 for privileged communications, including attorney-client exchanges and journalistic sources.
Section 34 imposes penalties of up to 10 years for the unauthorized use or disclosure of intercepted data, while Section 31 prohibits geolocation tracking without consent.
It added that the requirement for electronic service providers to maintain lawful interception capabilities under Sections 39–40 is standard global practice, including in the United States under Section 103 of the Communications Assistance for Law Enforcement Act of 1994.
“These capabilities are strictly regulated, activated only upon judicial authorization, and are essential in countering threats like terrorism, money laundering, and cyber-enabled fraud,” the Ministry stated.
Zambia, it added, continued to fulfill its international obligations and collaborates actively in transnational cybercrime efforts under mutual legal assistance frameworks.
The Ministry expressed readiness to engage in constructive dialogue with diplomatic missions, including the U.S., on cybersecurity, digital rights, and capacity building.
It encouraged residents and visitors to read the law in its full context and to seek clarification through appropriate institutional channels, reaffirming the government’s commitment to a safe, open, and democratic digital space.
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