PIN, Zaina Lead Tanzania Data Act Training For Journalists

Efforts aimed at creating awareness of Tanzania’s Data Protection Act of 2022 and its regulations of 2023 have gained momentum following a move by Paradigm Initiative (PIN) and its partner, Zaina Foundation to train members of the Tanzania Digital Rights Coalition on the provisions of the act and its regulations.

The two institutions are hosting a two-day workshop for members of the Coalition which will see them develop a comprehensive advocacy plan aimed at following through the amendment of proposed sections of the Protection Act (PDPA) of 2022 and its Regulations No. 349 and 350 of 2023 that require reforms.

The workshop which is taking place in Dar es Salaam, Hayatt Regency Hotel Kilimanjaro, between October 8th-9th, 2024, will assist in addressing gaps in the Act, particularly in light of a recent High Court ruling that declared some sections of the act unconstitutional. This landmark ruling was made in the Tito Magoti case vs the Attorney General where it found sections 22 and 23 of the PDPA to be in violation of the country’s constitution. The court’s decision underscored serious concerns regarding data privacy protections, as outlined in Tanzania’s constitutional provisions.

In the aforementioned case, the petitioners challenged additional sections of the PDPA, arguing that they imposed excessive restrictions on the right to privacy and risked undermining fundamental freedoms. These included Sections 8(1)(2)(3), 11(1), 14(5), 19, 20, 22(3), 23(c)(d)(e)(f), 26, 30, 33(2), and 34, which they deemed problematic and granting excessive power to the government in licensing, compliance, and decision-making processes. They took issue with the authority vested in the Minister to overturn decisions made by the Personal Data Protection Commission, which could potentially open the door to political interference. Additionally, the Act allows the Commission to review its own decisions, contradicting fundamental principles of natural justice.

The workshop which falls under Paradigm Initiative’s Digital Policy Engagement Series (DiPES) forms part of ongoing efforts to align Tanzania’s data protection laws with both constitutional guarantees and international standards. The training aims to equip members of the Tanzania Digital Rights Coalition with enhanced legal and advocacy skills, enabling them to effectively push for better policy reforms.