Cross-Border Data Flow Restrictions: A Threat to Digital Evidence Integrity in Cybercrime Investigations in Tanzania

Abstract

Tanzania encounters the threat of cybercrime, a phenomenon inherently transnational in nature. It has implemented progressive domestic legislation reforms, but significant challenges persist in effectively investigating and prosecuting cybercrimes across Tanzanian borders. The difficulties arise from the conflict between the borderless operational domain of cybercriminals and the geographically limited nature of national legal frameworks. A critical aggravating factor is the impact of restrictions on cross-border data sharing, which affects the integrity and, consequently, admissibility of digital evidence. This is because restrictions on data flow impede the timely and efficient access to crucial digital evidence located in foreign jurisdictions or stored within global cloud services, and procedural impediments which necessitate reliance on mutual legal assistance processes, which are prolonged and complex. The delays and the volatile nature of digital evidence risk compromising the forensic accuracy and chain of custody of critical data to render it inadmissible in courts of law. This article provides key recommendations aimed at establishing clear cross-border data access provisions for law enforcement, speedy and efficient implementation of international cybercrime treaties, digitally structured mutual legal assistance procedures for evidence exchange, investment in digital forensics infrastructure and training law enforcement personnel as essential measures to ensure Tanzania's legal and operational cross-border investigation frameworks are full bodied and flexible to address the complexities of a globally interconnected digital environment. The study adopts a doctrinal and non-doctrinal research methodology, relying on the critical analysis of statutes, judicial decisions, and scholarly literature relevant to cross-border data flow and digital evidence integrity. Legal instruments such as the Constitution of the United Republic of Tanzania (1977), the Personal Data Protection Act No. 11 of 2023, and the Cybercrimes Act R.E. 2023 form the basis of this analysis. The findings reveal that while Tanzania has established a solid legislative framework to regulate data protection and cybercrime, gaps remain in cross-border cooperation, procedural efficiency, and digital evidence management. Restrictions on data transfer and reliance on slow mutual legal assistance mechanisms hinder timely access to electronic evidence. The study contributes by proposing a harmonised legal and institutional approach to strengthen Tanzania’s capacity in international cybercrime investigations and ensure the admissibility and reliability of digital evidence across jurisdictions.