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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

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


Overview of session

  • 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


Why enact data protection law

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?



Provisions of sadc model law

  • 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


Transposition frames of inquiry

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
Tanzania data protection bill themes, intent and functional requirements for data protection regulation.


Part one
Part One themes, intent and functional requirements for data protection regulation.

1 Short Title

2 Commencement

3 Object of the Act

4 Interpretation

5 Savings


Object of the act
Object of the Act themes, intent and functional requirements for data protection regulation.

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


Interpretation

Personal Information themes, intent and functional requirements for data protection regulation.

Processing

Data Subject

Data Processor

Data Protection Officer

Commissioner

Interpretation


Data controller

“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
Defining Personal Information 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.


Processing of personal information

p 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.rocessing: 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


Savings

(1)This Act shall 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.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


Savings1

De-identified information 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.

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 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.


Part ii cntd
Part II ( 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.cntd…)


Part vi
Part VI 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.


Part vii
Part VII 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.


Conclusion points for inclusion in discussion
CONCLUSION/ POINTS FOR INCLUSION IN DISCUSSION 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.


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


Thank you

Questions? Regulations

PriaChetty

ITU International Expert: Data Protection

Mobile: 083 384 4543

Email: [email protected]

Thank You


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