Analysis of Right to Privacy for Telecommunication Customers toward Service Providers in Tanzania

Abstract

The Constitution of the United Republic of Tanzania, provides the right to privacy as stipulated under Articles 16 (1) and (2). It takes also cognizance of the International Covenant on Civil and Political Rights which is provided under Articles 17 (1) and (2). The protection of the right to privacy may be hindered by the duty to disclose information and the absence of guidelines promoting it in Tanzania. This study preceded with, whether the existing telecommunication legal regime effectively protects the right to privacy of telecommunication customers against service providers and the best shortcomings that can be addressed. The study set out to review the right to privacy for telecommunication customers. The research aims to analyse the existing telecommunication legal regime and identify lacunas with the ways to tackle the challenges facing enforcement of the right to privacy. The study was planned to use the doctrinal research methodology. This methodology was purposely selected because the study requires analysis of the laws on the right to privacy. However, data was collected by using primary and secondary sources. The researcher used qualitative methods to analyse data that finally made conclusions and recommendations. In this study, it was concluded that the right to privacy covered in different laws has not sufficiently safeguarded the actual right to privacy for telecommunication customers in Tanzania. This is due to the following factors which are the aspect of authorization in the disclosure of a person’s information and the absence of adequate law securing a telecommunication customer’s information. The researcher ratifies that, there should be a specific law that regulates the right to privacy for telecommunication customer’s information. This will enforce the right to privacy and remove issues arising out of lack of authorization such as the issue of phone interceptions