A Human Rights Analysis of the Legal Framework Governing Communication Surveillance and the Right to Privacy in Tanzania

Abstract

The increasing adoption of digital communication technologies has enhanced States' ability to monitor communications for national security, crime prevention, and law enforcement. While such surveillance may serve legitimate public interests, it poses significant privacy risks if surveillance powers are broadly defined or poorly regulated. This article critically analyses Tanzania's legal framework for communication surveillance, evaluating whether it adequately protects the right to privacy. Employing a doctrinal legal approach, it examines the Constitution of the United Republic of Tanzania, the Electronic and Postal Communications Act, the Cybercrimes Act, the Prevention of Terrorism Act, and the Personal Data Protection Act in relation to international and regional human rights standards. The analysis reveals that although a comprehensive statutory framework exists, shortcomings in defining surveillance scope, the issue of independent authorisation, oversight, transparency, and remedies pose risks of arbitrary or excessive privacy infringements. The article concludes that Tanzania needs a more coherent, rights-based surveillance framework that balances legitimate security concerns with adherence to legality, necessity, proportionality, and accountability principles.