A Research Report Submitted to the Faculty of Law – Mzumbe University as a Compulsory Requirement for a Partial Fulfillment of Student’s Course Work in Legal Research.
The purpose of this research is to assess the available laws on privacy and information protection about cybercrime cases. And also to examine challenges faced by the researcher in ensuring the protection of the right to privacy by examining the legal framework in Tanzania
The researcher collected data from primary and secondary sources on the legal issues surrounding the effect of absence of the comprehensive law that guides the protection of privacy and information in criminal investigation. In the primary source the researcher used interviews and in secondary sources the documentary review such as books, articles, journal articles were made. And the researcher used qualitative method to analyze data which was useful to help the researcher to interpret data and finally make conclusion and recommendation.
In contemporary Tanzania, The Constitution of the United Republic of Tanzania [Cap 2 R.E. 2002] has provided the rights and duties of the citizens among them. One of the rights is the right to privacy as stipulated under Article 16 which is apparent with the bill of rights in 1984. However there are many factors which makes the promotion and protection of this right difficult or impossible, such as the issues of absence of the comprehensive data or information protection mechanism which may leads difficult on dealing with information given and disclosed information especially when dealing with personal information during the investigation n cyber crime cases. In that it poses the question on how one’s information should be used or disclosed simultaneously to securing his personal privacy right.
In discussing the people’s right to privacy in investigation of cyber crime, the application of section 32 of the Cyber Crime Act No 14 of 2015 violate the right to privacy by
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empowering police order the disclosure of data as well as it goes against the constitution. The problem is still existing in the society since there is no comprehensive law which enacted by the government to deal with how information should be handled in an investigation of cybercrime cases so as the people’s right to privacy to be protected.
It is recommended that there should be a comprehensive specific law which regulates the privacy and information of the suspects whose information used for investigation in cybercrime cases. This ensures that there shall be the guides on how to handle the disclosed information of the suspect person so as to protect this right to privacy