Patricia Boshe

The Book portrays data protection approaches, from the EU, to Africa and the US. The central theme of the book is the different approaches and philosophies in the protection, development and the reforms in privacy and data prtection. The book looks beyond these frameworks, it looks into how history, legal culture, and judicial attitudes influence data protection in specific contexts as well as involvement and the role of regional organisations in harmonisation process. It includes a narrative on how the EU as a regional organ evolved with data protection, from a passive rule maker to an active enforcer and a regulator within and beyond the EU. Also, is an overview on how the EU's strength and dominance in data protection summons compliance to the EU standards of protection from other jurisdictions across the world. The book was written with a conviction that data protection laws are not only frameworks for the protection of personal data but also regulates international relations and interactions between States. Data Protection regulation is no longer a mono-jurisdiction exercise but the balancing of global standards and regimes in protecting personal data and privacy.

The right to protection of personal data is derived from the individual right to privacy. Tanzania has had a difficulty history in protection of the right to privacy; from evading its inclusion in the Bill of Rights after her independence to unsuccessful enactment of the right to privacy and data protection in the draft Freedom of Information Bill in 2006. In 2013, Tanzania decided to reform her framework for the protection of personal data and individual privacy. This chapter explores the background to the protection of privacy in Tanzania and the recent reforms. The chapter also takes a look at social attitude to privacy and the legal framework that supports the individual claims and protection to one's privacy in Tanzania. This overview provides for the background upon which the present Draft Personal Data Protection Bill emanates. This is followed with a textual analysis of the Draft Bill which describes the weaknesses of the Draft Bills from simply omitting one condition for processing and adding a condition to Commissioner's duties which are not usually found in data protection codes.

This chapter discusses the data protection system of Kenya. However, since Kenya has not yet adopted a specific data protection legislation, particular focus in this chapter is given to the data protection reform process. An assessment of the Data Protection Bill 2013 is central in this chapter. Also a discussion in this chapter will focus on the current case law decided by Kenyan courts based on the privacy protection afforded in the Kenyan Constitutions (the old and new). To what extent is this case law adequate and relevant to the privacy protection in Kenya? This is one of the main questions that this chapter will attempt to discuss.

Personal data has always been at risk of loss, damage, theft, fraud, unauthorized access and unauthorized dissemination all of which threaten personal privacy. However, with increased technological innovation and the use of ICTs, data becomes even more vulnerable as it involves automatic processing of data. Furthermore, technology allows storage of high volume of data, increases possibilities of interception, data matching, sharing, mining, and profiling.

The Political unrest in Burundi makes the right to privacy a far less an urgent issue in reform than the need for political stability. Nevertheless, the country acknowledges the inevitable need to reform the legal and regulatory framework for the protection of personal data and privacy. The objective is to minimize the risks posed by government administrative activities and increased use of ICTs on data security and personal privacy. Burundi has made some efforts to secure the cyber space by amending some of the existing laws such as the penal code, the criminal procedure code, telecommunications law and other sensitive sector specific legislation. However, the country is yet to embark into a substantial legal reform to secure personal data in a comprehensive manner. Reforms are still in patchworks despite displayed continued effort to secure personal data and privacy. This chapter provides for an overview of the present legal and regulatory framework for the protection of personal data and privacy in Burundi.