2019•Unpublished venueRequires access

Regulation of Data Protection and Privacy in Public Sector in Tanzania: A Comparative Study

Jacob Mtalitinya

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Abstract

This research paper examined regulation and protection of data privacy in public sector in Tanzania. The study sought to find out the adequacy, legal gaps and impact of having or otherwise absence of comprehensive legal framework in data protection and privacy in public sector. In doing so, the study used a doctrinal and comparative methodologies to measure the effectiveness of Tanzanian data privacy legislations in comparison with legislation from other jurisdictions and international standards. Therefore, it explored and scrutinised various international instruments and data privacy legislations, limiting itself to five jurisdictions namely, South Africa, Ghana, Mauritius, Australia and United Kingdom while comparing the same to Tanzania. Moreover, the study analysed the concept and nomenclature of data protection and privacy. It explored the complexity of defining the notion data protection and privacy while expounded on various legal theories of data privacy. The study further explored the origin and evolution of data privacy and different approaches to data protection and privacy. Lastly, the study found the apparent legal gaps in Tanzanian laws relating to data privacy in public sector; and suggested number of ways to rectify the situation, including offering a draft of a model law.

About this research paper

What this paper is about

This research paper examined regulation and protection of data privacy in public sector in Tanzania. The study sought to find out the adequacy, legal gaps and impact of having or otherwise absence of comprehensive legal framework in data protection and privacy in public sector. In doing so, the study used a doctrinal and comparative methodologies to measure the effectiveness of Tanzanian data privacy legislations in comparison with legislation from other jurisdictions and international standards. Therefore, it explored and scrutinised various international instruments and data privacy legislations, limiting itself to five jurisdictions namely, South Africa, Ghana, Mauritius, Australia and United Kingdom while comparing the same to Tanzania. Moreover, the study analysed the concept and nomenclature of data protection and privacy. It explored the complexity of defining the notion data protection and privacy while expounded on various legal theories of data privacy. The study further explored the origin and evolution of data privacy and different approaches to data protection and privacy. Lastly, the study found the apparent legal gaps in Tanzanian laws relating to data privacy in public sector; and suggested number of ways to rectify the situation, including offering a draft of a model law.

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Available abstract

This research paper examined regulation and protection of data privacy in public sector in Tanzania. The study sought to find out the adequacy, legal gaps and impact of having or otherwise absence of comprehensive legal framework in data protection and privacy in public sector. In doing so, the study used a doctrinal and comparative methodologies to measure the effectiveness of Tanzanian data privacy legislations in comparison with legislation from other jurisdictions and international standards. Therefore, it explored and scrutinised various international instruments and data privacy legislations, limiting itself to five jurisdictions namely, South Africa, Ghana, Mauritius, Australia and United Kingdom while comparing the same to Tanzania. Moreover, the study analysed the concept and nomenclature of data protection and privacy. It explored the complexity of defining the notion data protection and privacy while expounded on various legal theories of data privacy. The study further explored the origin and evolution of data privacy and different approaches to data protection and privacy. Lastly, the study found the apparent legal gaps in Tanzanian laws relating to data privacy in public sector; and suggested number of ways to rectify the situation, including offering a draft of a model law.

Key concepts: Information privacy, Information privacy law, Data Protection Act 1998, Privacy law, Tanzania, Privacy by Design, Public sector, Privacy policy

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