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HIPSSA Project. Support for Harmonization of the ICT Policies in Sub-Sahara Africa, Meeting with the Tanzanian ICT Ministry. PRESENTATION ON DATA PROTECTION BILL Pria Chetty, International Legal Expert on Data Protection 07.03.12. Why enact Data Protection Law?

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HIPSSA Project

Support for Harmonization of the ICT Policies in Sub-Sahara Africa,

Meeting with the Tanzanian ICT Ministry

PRESENTATION ON DATA PROTECTION

BILL

Pria Chetty,

International Legal Expert on Data Protection

07.03.12


  • Why enact Data Protection Law?

  • Data Protection Model Law Development Process

  • Key Provisions for Data Protection Law

  • Key Frames of Inquiry for Transposition of the Model Law

  • Key Provisions of the Data Protection Bill

    • Part I, II, III, IV, V, VI, VIII

  • Discussion

Overview of Session


Harmonised approaches

Give effect to right to privacy

ICT technology developments impacts right to the protection of personal data in commercial activities and electronic government (eGov) activities

Illegitimate and unlawful use of individual’s information

Automated decision making

Direct marketing practices

Data protection regulation - ensure that the benefits of using information and communication technologies is not met with weakened protection of personal data

Why Enact Data Protection Law?


Model Law Development


  • Give effect to principles of data protection

  • Place limitations on the processing of personal data

  • Provide for the rights of the data subject

  • Describe the responsibilities of the Data Controller

  • Establishment of the Data Protection Authority

    • Combat violations of privacy likely to arise from the collection, processing, transmission, storage and use of personal dataactivities

Provisions of SADC Model Law


International and regional frameworks establish the primary themes, intent and functional requirements for data protection regulation.

Within Tanzania, enquire:

Designated national data protection legislation

Prevalence of regulation that has a bearing on the right to privacy and protection of personal information in Tanzania.

Transposition Frames of Inquiry


Tanzania data protection bill


Part One

1Short Title

2Commencement

3Object of the Act

4Interpretation

5Savings


Object of the Act

to promote the protection of personal information processed by public and private bodies; to introduce information protection principles so as to establish minimum

requirements for the processing of personal information; and to provide for

matters connected therewith


Personal Information

Processing

Data Subject

Data Processor

Data Protection Officer

Commissioner

Interpretation


“data controller” or “controller” refers to any natural person, legal person or public body which alone or jointly with others determines the purpose and means of processing of personal information. Where the purpose and means of processing are determined by or by virtue of an act, decree or ordinance, the controller is the natural person, legal person or public body has been designated as such by or by virtue of that act, decree or ordinance.

Data Controller


Defining Personal Information


processing: refers to any operation or set of operations which is performed upon personal information, whether or not by automated means, such as obtaining, recording or holding the data or carrying out any operation or set of operations on data, including –

(a) organization, adaptation or alteration of the data;

(b) retrieval, consultation or use of the data; or

(c) alignment, combination, blocking, erasure or destruction of the data

Processing of Personal Information


(1)This Act shall not affect the operation of any law that makes provision with respect to the collection, holding, use, correction or disclosure of personal information and is capable of operating concurrently with this Act. If any other legislation provides for safeguards for the protection of personal information that are more extensive than those set out in the information protection principles, the extensive safeguards prevail.

(2)This Act shall not restrict the ways of processing and production of information which are legally sanctioned under this Act, including such processing and procedures set out in Schedule One.

Savings


De-identified information

Government departments – national security, defence, prosecution of offences, journalistic purposes, judicial processes, powers of judiciary

Does apply to partial automated processing

Territorial clarity

Data Controller may appoint a representative

Savings


Part II


Part II (cntd…)


Part VI


Part VII


CONCLUSION/ POINTS FOR INCLUSION IN DISCUSSION


Schedule of Exemptions for Consultation Process and Regulations

Prescription of Court

Duty of Correction of Personal Information (Public Bodies only)

Promotion of Access to Information Act

Discussion


Questions?

PriaChetty

ITU International Expert: Data Protection

Mobile: 083 384 4543

Email: [email protected]

Thank You


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