CCTV cameras in guest houses

I am a gold trader based in Mwanza and frequently travel to Geita for business. While in Geita, I usually opt to stay in guesthouses, as my visits are brief. I can’t help but notice CCTV cameras everywhere in these establishments. I am concerned about my privacy and the potential misuse of the footage against me. As a gold trader, my security is always at risk, and CCTV footage could be used to track my movements. Does Tanzanian law protect my privacy, and who can I sue if it is violated? Please guide me.
PS, Mwanza

We commend you for being mindful of your rights and taking the necessary steps to safeguard your privacy. The use of CCTV cameras (closed-circuit television cameras) is primarily for security reasons. However, we also recognise that CCTV footage can present a security risk in itself, should it fall into the wrong hands or be misused. In general, the use of CCTV cameras must comply with the constitutional right to privacy and personal security enshrined in Article 16 of the Constitution of the United Republic of Tanzania, 1977. Moreover, the protection of personal data is regulated under the Personal Data Protection Act, No. 11 of 2022 (PDPA). This legislation is designed to protect individuals’ privacy and ensure that personal data, including CCTV footage, is collected and processed lawfully.

Guest houses are required to register as data controllers and processors even if they have not installed CCTV cameras, as they retain personal data. Under the PDPA, individuals have several rights regarding their personal data, including the right to be informed about the collection and use of their data, the right to access their data, and the right to request the correction or deletion of inaccurate data. The law mandates that personal data be processed in a lawful, fair, and transparent manner. Further, there are several penalties and fines that may be imposed in relation to contravention of provisions of the Act.

If CCTV footage is used in a manner that violates privacy, the affected person can take legal action. They may file a complaint with the Personal Data Protection Commission (PDPC), which is tasked with overseeing the enforcement of the Act. Additionally, individuals can sue the data controller or data processor (such as the owner or operator of the guest house) responsible for the CCTV cameras if their privacy is violated. The High Court of Tanzania has recently clarified that the PDPC serves as the initial avenue for recourse in all matters concerning violations of personal data before an individual escalates the issue to the Courts.

In summary, Tanzanian law protects individuals’ privacy, and there are legal avenues available to seek redress if the misuse of CCTV footage infringes upon one’s privacy.

For more information, you should consult your lawyer.