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Published byPearl Bryan Modified over 8 years ago
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Privacy as a legal concept Warren & Brandies., Harv.L.R., Vol 4 (1890) The right to be let alone
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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
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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
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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
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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
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UN UN Guidelines of 1990 Not binding UDHR. Art 12 “ No interference…privacy…” ICCPR. Art 17 “ No interference …p, family…”
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In EU –Comprehensive legislation & body which govern privacy EU strict law of privacy see Art 25-26 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?
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Think Globaly act localy
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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
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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
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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
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You are all welcome to Tanzania Kiitos Asanteni Thank you
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