 Privacy as a legal concept Warren & Brandies., Harv.L.R., Vol 4 (1890) The right to be let alone

Tanzania  Sociological background  Tanzania Constitution, 1977 Art. 16  Common law. JALA 1920 ◦ Prince Albert v. Stranger (1849)2 ◦ Pavesich v. New England Life Ins. Co., 50SE.68 (1905)  There is no statute (Act) for privacy and data protection in TZ

Finland  Finnish constitution. Chp. 2, Section 10  Personal Data Act. (523/1999) ◦ Personal D shall not be transferred to 3 rd Countries s.22, 22(a), (b) Derogation ◦ Unambiguously consented to transfer: s. 23(1) …etc

EU Directive 95/46/EC  Adequate level of protection (Art 25(2)) (Directive)  Data transfer belong to the exceptions as inline with Art 26(1)  Sufficient safeguard as per Art 26(2)  Standard contractual clauses  Binding corporate rules  Safe harbor

AU  The African Charter on Human and People’s Rights. Art 4,” inviolability ” 5 ”human dignity”, 6 ”right to security” ◦ This Chater does not spesfy on the issues of privacy ◦ Therefor does not help us

UN  UN Guidelines of 1990 Not binding  UDHR. Art 12 “ No interference…privacy…”  ICCPR. Art 17 “ No interference …p, family…”

 In EU –Comprehensive legislation & body which govern privacy  EU strict law of privacy see Art EU Dir  There is no emphasis on privacy in Tanzania  In Tanzania there is peace meal No national board fro privacy You can use common law and create new ones How do we harmonise these differences?

 Think Globaly act localy

 To have free movement of people and information with effective data protection  ? Which method should be adopted?  Amendment of Art 17 ICCPR.  Amendment of Art 12 UDHR. Clear protection in all form should be stated here eg Internet, networks etc

 Free movement of people is increasingly becoming more important in globalization.  Gvt with no data protection should be encourage to enact them  Citizen should be educated in all issues about their right to privacy and data protection

 To apply the existing International Human Rights laws where there is lacuna ◦ See the Supreme Court of Finland in I v. Finland KKO: 2013:53  The need for enacting global information security law

You are all welcome to Tanzania Kiitos Asanteni Thank you