Zambia: Public Procurement Authority (ZPPA)

The scope of the data is covered by the Public Procurement Act No. 12 2008 and Public Procurement Regulations, 2011.

The data has limitations on disclosure of information relating to procurement proceedings and bids, but it can be published under a court order.

Section 40(2) of the Public Procurement Act, No. 12 of 2008 sets out data exclusions for reasons of legal compliance, legitimate commercial interests, privacy and security.

• Data is excluded where disclosure will:
  • amount to a contravention of any written law in Zambia;
  • obstruct law enforcement;
  • prejudice the legitimate commercial interests of the parties to a contract;
  • inhibit fair competition in public procurement; or
  • in anyway be contrary to public interest.
• Data excluded from publication on the basis of legitimate commercial interests includes:
  • trade secrets such as sales and distribution methods, advertising strategies, client lists, strategic business plans, manufacturing processes, information relating to preparation of a competitive bid , novel designs and technologies and plans to promote a new or existing product; and
  • information relating to the financial and business viability of a bidder.
• Section 42 (2) of the Electronic Communications and Transactions Act No. 12 of 2009 prohibits the disclosure of personal information of a data subject without the subject’s express written permission for the collection, collation, processing or disclosure of that information unless the data controller is permitted or required to do so by law.
• Any data on contracts related to the security, defence or international relations of the country is excluded in accordance with section 3(2) of the Public Procurement Act, No. 12 of 2008. In addition, any contract containing classified information is excluded from publication.