According to Wikipedia itdefine that the “constitution of a country (ora state) isa special type of law document thattells how its government issupposed to work. It tells how the country’s leaders areto 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 andwhat other rights theyare guaranteed, and how the constitution can be changed.” The Constitution of theUnited Republic of Tanzania guarantees a right to privacyUnder Article 16:”16. – (1) Every person isentitled to respect and protection of his person, theprivacy of his own person, his family and of his matrimonial life, and respectandprotection of his residence and private communications.
“(2) For the purpose ofpreserving the person’s right in accordance with thisArticle, the state authority shall lay down legal procedures regarding thecircumstances, manner and extent to which the right to privacy, security of hisperson, his property and residence may be encroached upon without prejudice tothe provisions of this Article.” Rightto privacyPrivacy is afundamental human right, enshrined in numerous international humanrights instruments.1 it is central to the protection of human dignity and formsthebasis of any democratic society. It also supports and reinforces other rights,such asfreedom of expression, information and association.In 2011,JamiiForums, an online forum that has been called the “Swahili languageversion of WikiLeaks, was cloned by the Tanzanian government to disrupt theconversations of members associated with the opposition. The founders of theforumwere also detained and interrogated for 24 hours in 2008 International obligationsTanzania hasratified the International Covenant on Civil and Political Rights (‘ICCPR’), which under Article 17 ofthe ICCPR, which reinforces Article 12 of the UDHR,provides that “no one shall be subjected to arbitrary or unlawful interferencewith hisprivacy, family, home or correspondence, nor to unlawful attacks on his honourandreputation”.In CybercrimesAnAct to make provisions for criminalizing offences related to computersystems and Information Communication Technologies;to provide forinvestigation, collection, and use ofelectronic evidence and for mattersrelated therewith.
Lack of judicial authorisation and oversight of communicationsurveillanceOn 8 May 2015,the government of Tanzania announced18 that the President hadsigned the Tanzanian Cybercrimes Act 2015. However after strong criticismwithin Tanzania, from both the opposition and civil society organisations, butalsointernational human rights groups, the government had committed to review the Actbefore the end of the parliamentary session. The Cybercrime law is in operationsince 1 September 2015 with no major changes except for section 20 of the Cybercrimelaw.
Among the mainconcerns, the Act gives extensive surveillance powers to the police,including to use intrusive surveillance methods such as key logging devices orsoftwarethat records every keyboard stroke of personal computers in real time, withoutstrictlyrequiring judicial prior authorisation or oversight. Other concerns relate to thelack ofprotection of whistle-blowers.31.
Besides, Sections39-44 on the liability of Internet service provider and the powers conferred onthem to monitor communications, remove information, terminate or suspendservices, and notify law enforcement agencies of any alleged illegal activity,given the ISP the full discretion to determine what constitutes an illegalactivityElectronic Transactions ActThe Parliament of Tanzania’s defined this acts as” ElectronicTransactions Act, 2015 is an act to provide for the legal recognition ofelectronic transactions, e-Government services, the use of information andcommunication technologies in the collection of evidence, and admissibility ofelectronic evidence. The act also provides for the facilitation of the use ofsecure electronic signatures and other related matters. An Act to provide for thelegal recognition of electronic transactions, E-Government services, the use ofInformation and CommunicationTechnologies in collection of evidence, admissibility of electronicevidence, to provide for the facilitation of use of secure electronicsignatures; and to provide for other related matters. MandatorySIM Card Registration and National Database The 2010 Electronic andPostal Communications Act mandates theCommunication regulatory authority to maintain a database of all subscriberinformation. Under Section 89 of the Act calls for all subscriber informationto be keptby the Tanzania Communications Regulatory Authority (TCRA) maintains a databaseof subscriber information. The service providers are required by Section 91 tosubmit all subscriber information to the TCRA once a month.
In 28 1.(b) contact details including physical address, telephone and e-mailaddresses;Under Section 93 of the EPOCA, “Every person who owns or intends to usedetachable SIM card or built-in SIM card mobile telephone shall be obliged toregisterSIM card or built in SIM card mobile telephone” and para (2) and (3) outlinestheinformation that must be registered for natural and legal persons respectCONCLUTIONCybercrime Actto ensure its compliance with Tanzania’s national andinternational human rights obligations, and in particular the principles ofnecessity,proportionality, judicial authorisation, and oversight in relations tocommunicationsurveillance. Ensure that data processing of personal data is conducted incompliance 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.