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According to Wikipedia it
define that the “constitution of a country (or
a state) is
a special type of law document that
tells how its government is
supposed to work. It tells how the country’s leaders are
to be chosen and how long they get to stay in office,
how new laws are made and old laws are to be changed or removed based on law,
what kind of people are allowed to vote and
what other rights they
are guaranteed, and how the constitution can be changed.” The Constitution of the
United Republic of Tanzania guarantees a right to privacy

Under Article 16:

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“16. – (1) Every person is
entitled to respect and protection of his person, the
privacy of his own person, his family and of his matrimonial life, and respect
and
protection of his residence and private communications.”

(2) For the purpose of
preserving the person’s right in accordance with this
Article, the state authority shall lay down legal procedures regarding the
circumstances, manner and extent to which the right to privacy, security of his
person, his property and residence may be encroached upon without prejudice to
the provisions of this Article.”

Right
to privacy

Privacy is a
fundamental human right, enshrined in numerous international human
rights instruments.1 it is central to the protection of human dignity and forms
the
basis of any democratic society. It also supports and reinforces other rights,
such as
freedom of expression, information and association.

In 2011,
JamiiForums, an online forum that has been called the “Swahili language
version of WikiLeaks, was cloned by the Tanzanian government to disrupt the
conversations of members associated with the opposition. The founders of the
forum
were also detained and interrogated for 24 hours in 2008

International obligations

Tanzania has
ratified the International Covenant on Civil and Political Rights (‘ICCPR’), which under Article 17 of
the ICCPR, which reinforces Article 12 of the UDHR,
provides that “no one shall be subjected to arbitrary or unlawful interference
with his
privacy, family, home or correspondence, nor to unlawful attacks on his honour
and
reputation”.

In Cybercrimes

An
Act to make provisions for criminalizing offences related to computer
systems and Information Communication Technologies;
to provide for
investigation, collection, and use of
electronic evidence and for matters
related therewith.

 

 

Lack of judicial authorisation and oversight of communication
surveillance

On 8 May 2015,
the government of Tanzania announced18 that the President had
signed the Tanzanian Cybercrimes Act 2015. However after strong criticism
within Tanzania, from both the opposition and civil society organisations, but
also
international human rights groups, the government had committed to review the Act
before the end of the parliamentary session. The Cybercrime law is in operation
since 1 September 2015 with no major changes except for section 20 of the Cybercrime
law.

Among the main
concerns, the Act gives extensive surveillance powers to the police,
including to use intrusive surveillance methods such as key logging devices or
software
that records every keyboard stroke of personal computers in real time, without
strictly
requiring judicial prior authorisation or oversight. Other concerns relate to the
lack of
protection of whistle-blowers.

31. Besides, Sections
39-44 on the liability of Internet service provider and the powers conferred on
them to monitor communications, remove information, terminate or suspend
services, and notify law enforcement agencies of any alleged illegal activity,
given the ISP the full discretion to determine what constitutes an illegal
activity

Electronic Transactions Act

The Parliament of Tanzania’s defined this acts as” Electronic
Transactions Act, 2015 is an act to provide for the legal recognition of
electronic transactions, e-Government services, the use of information and
communication technologies in the collection of evidence, and admissibility of
electronic evidence. The act also provides for the facilitation of the use of
secure electronic signatures and other related matters. 

An Act to provide for the
legal recognition of electronic transactions, E-Government services, the use of
Information and Communication
Technologies in collection of evidence, admissibility of electronic
evidence, to provide for the facilitation of use of secure electronic
signatures; and to provide for other related matters.

 

Mandatory
SIM Card Registration and National Database

 

The 2010 Electronic and
Postal Communications Act mandates the
Communication regulatory authority to maintain a database of all subscriber
information. Under Section 89 of the Act calls for all subscriber information
to be kept
by the Tanzania Communications Regulatory Authority (TCRA) maintains a database
of subscriber information. The service providers are required by Section 91 to
submit all subscriber information to the TCRA once a month.

 

In 28 1.(b) contact details including physical address, telephone and e-mail
addresses;
Under Section 93 of the EPOCA, “Every person who owns or intends to use
detachable SIM card or built-in SIM card mobile telephone shall be obliged to
register
SIM card or built in SIM card mobile telephone” and para (2) and (3) outlines
the
information that must be registered for natural and legal persons respect

CONCLUTION

Cybercrime Act
to ensure its compliance with Tanzania’s national and
international human rights obligations, and in particular the principles of
necessity,
proportionality, judicial authorisation, and oversight in relations to
communication
surveillance. Ensure that data processing of personal data is conducted in
compliance with national and international standards and obligations,
particularly with regards to the processing of sensitive personal information,
and any violations are investigated and redress provided to victims.

 

 

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