The Right to Privacy in Tanzania in the Era of Digital Surveillance: A Critical Analysis of the Adequacy of the Legal Framework

Abstract

The rapid expansion of digital technologies has transformed governance, communication, commerce and national security worldwide. In Tanzania, digitalisation has enhanced public administration, financial inclusion and law enforcement while increasing the State's capacity to collect, store and process personal information through digital surveillance. Although surveillance may serve legitimate objectives such as crime prevention, cybersecurity and national security, its unchecked exercise poses significant risks to the constitutional right to privacy and related human rights. The enactment of the Personal Data Protection Act, 2022 marked an important legislative milestone in regulating the processing of personal information. Nevertheless, questions remain as to whether the existing legal framework adequately governs digital surveillance by public authorities and provides effective safeguards against arbitrary or disproportionate interference with privacy. This article critically examines the adequacy of Tanzania's legal framework governing the right to privacy in the era of digital surveillance. Employing a doctrinal legal research methodology, the study analyses the Constitution of the United Republic of Tanzania, legislation on privacy, telecommunications, cybercrime and data protection, together with relevant international and regional human rights instruments. It also draws comparative lessons from selected jurisdictions to evaluate Tanzania's compliance with the principles of legality, necessity, proportionality, accountability and judicial oversight. The article argues that although Tanzania has made commendable progress by recognising personal data protection through statutory reform, significant legal and institutional gaps remain concerning surveillance authorisation, independent oversight, transparency, accountability and effective remedies for individuals whose privacy rights are violated. It concludes by proposing legislative and institutional reforms aimed at strengthening constitutional privacy protection while maintaining legitimate national security and public safety objectives. The analysis further highlights the need for stronger safeguards to reconcile technological innovation, public security, and the protection of fundamental rights in Tanzania.