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❗New Court decision on Data Protection from #Tanzania ❗ The Court declared 22(3), 23(3)(C) and (e) of the Personal Data Protection Act of 2022 #vague #ambigous #unclear and may lead to #LegalUncertainty 1. #LegalCertainty vs. #UnlawfulMeans The decision reached by the High Court two days ago (08.05.2024) on the above provisions which prohibits the collection of personal data by #unlawfulMeans. Yet, the law does not define what constitutes #unlawfulMeans. Reasoning: Without providing or at least illustrating what 'might' constitute #unlawfulmeans, the law creates a room for legal uncertainty. 2. #PrivacyProtection The Court also found that exemptions to the processing of personal data in #AbsenceOfConsent where obtaining consent i. is reasonably impractical; or ii. would prejudice the lawful purpose of the collection, limits the right to the #ProtectionOfPrivacy. Reasoning: i. The law fails to illustrate circumstances in which compliance is not reasonably practicable, at least in general terms. ii. What constitute 'compliance would prejudice the lawful purpose of the collection' is too vague. The Court Noted, while it may be difficult to list or contemplate all circumstances in this regard, It is NOT impossible to do it. Accordingly, the Parliament was tasked to amend the said provisions within a year of this decision, if not they will be 'deleted' from the law. Happy reading!
Thank you for sharing
Interesting. Thanks for sharing this.
Thank you for this update Patricia (Dr. Jur) Boshe
1. I look forward to all the debates that will pop up around legislating from the bench. 2. I can think of a few laws on my side of the Atlantic that may be suffering from the same issue identified in the decision.
Patricia Adusei Poku MBA, MSc, BSc, CIPM, CIPP, Prince2 very interesting
Thanks Dr Patricia (Dr. Jur) Boshe for sharing this interesting judgement. Vague and ambiguous laws create room for abuse and misapplication. The big question is are data protection laws protecting the right to privacy of individuals?
Interesting piece
| International Arbitration | Corporate-Commercial Law | Privacy and Data Protection Law |
7moI like the last part: "to amend the provisions within a year or other than that the provisions will be deleted from the law!" Hmmm, best if the court did the same on the Rebecca Gyumi case on early marriages to fast-track the change of the law.