PDPC-Background History

PERSONAL DATA PROTECTION COMMISSION IN TANZANIA

The Personal Data Protection Commission in the country was officially established on May 1, 2023, following the enactment of the Personal Data Protection Act No. 11, 2022. The Commission commenced the implementation of its duties as a result of the enforcement of the law and the formal initiation of its responsibilities.

On September 12, 2021, through the Government Notice No.782 of November 22, 2021, the Ministry of Information, Communications, and Information Technology was established, with one of its responsibilities being overseeing Cybersecurity in the country.

Information and Communication Technology is a crucial cross-cutting tool in economic, social, and political aspects, especially during the 4th, 5th, and 6th Industrial Revolutions. Despite the successes resulting from global ICT growth, there have been various challenges, including the protection of personal information that has been collected, processed, and sometimes transferred from one country to another without adhering to globally accepted data protection procedures and principles.

Tanzania is a member of various Regional and International Communities, including the East African Community (EAC), the Southern African Development Community (SADC), and the African Union (AU). Due to the borderless nature of the internet, member countries of these communities have agreed to have specific laws and Independent Institutions to address these challenges.

The East African Community developed the Cybersecurity Law Guidelines in 2008; SADC developed three model Cybersecurity Laws in 2012; and the African Union developed the African Union Cybersecurity and Personal Data Protection Agreement, also known as the Malabo Agreement of 2014, which collectively requires member countries to have three basic cybersecurity laws and an Independent Institution, namely the Cybercrime Law, the Electronic Transactions Law, and the Personal Data Protection Law, which establish an independent commission to oversee the protection of personal data.Countries have also developed guidelines to address these challenges.

Statistics show that many countries have enacted Personal Data Protection Laws. 162 out of 198 countries worldwide have enacted such laws.36 out of 54 African countries have enacted these laws.12 out of 16 SADC countries have enacted these laws.4 out of 6 EAC countries have enacted these laws. Burundi and South Sudan are in the process of enacting this law.

Tanzania has completed the putting in place these three basic laws, namely the Cybercrime Law of 2015, the Electronic Transactions Law of 2015, and the Personal Data Protection Law of 2022. The Personal Data Protection Law No.11 of 2022 is crucial for our nation as it establishes procedures to protect individuals' right to privacy as stipulated in the Constitution of the United Republic of Tanzania in Article 16(1)(2) and Article 15 of the Constitution of the Revolutionary Government of Zanzibar, both of which address the right to privacy and security of an individual "Everyone is entitled to respect and protection of oneself, one's personal life, and family, as well as one's home, honor, and protection of one's residence and personal communications.

These articles stipulate the Government's responsibility, stating that "for the purpose of preserving a person's rights according to the Constitution, the Authority shall establish legal procedures regarding the circumstances, manner, and extent to which a person's rights to privacy and security of oneself, property, and residence may be infringed without affecting this article."

The existence of this law is the implementation of the Constitution's requirements and the implementation of the Chama Cha Mapinduzi Manifesto of 2020 through Article 61(b), which directs the enhancement of the efficiency and confidentiality of citizens' information in communication by enacting a law to strengthen data and statistics protection.

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