Nanny’s privacy at work

I work as a nanny in a family’s home in Dar es Salaam. Recently, I discovered my employer had installed hidden cameras to monitor me without telling me. I felt violated, as I never consented to being recorded. Things became worse when they confronted me with footage showing that I was neglecting some of my duties, like leaving the child unattended while I used my phone. They terminated my contract immediately and justified it with the camera evidence. I’m torn: on one hand, I know I wasn’t doing my job well, but on the other, I feel my privacy was invaded. Is it legal for employers to secretly record their domestic workers in Tanzania, and can such footage be used against me? Please guide me.

PJ, Dar es Salaam

This is a tricky question that touches on parenting challenges and trust in caregivers. Under Tanzanian law, the right to privacy is protected by Article 16 of the Constitution of the United Republic of Tanzania, 1977 and the Personal Data Protection Act, Cap. 44 [R. E. 2023] (PDPA). These laws are clear that secretly monitoring someone without their knowledge or consent can violate the fundamental right to privacy. In that regard, employers are not permitted to install hidden cameras to monitor workers (including domestic workers in households) without first informing them. However, things get complicated when misconduct is caught on camera.

While the footage might show genuine negligent behaviour, its use to terminate you is debatable because the recording was made in violation of privacy laws. Much as your employers might rely on such footage to justify firing you, legally, you could challenge the surveillance as a violation of your privacy rights. According to the PDPA, there are clear rules about collecting, processing, and using personal data, including videos. The law requires people (data subjects) to be informed and to give their consent before their personal data is collected. Secret filming without informing them breaks this rule. Further, the purpose of the recording must be known to the data subject and must have a lawful and reasonable purpose. In this case, protecting children in the nanny’s care might be considered a valid reason, but transparency and consent still matter. So even if the footage shows misconduct, there is a chance that it cannot be used as evidence if it was unlawfully obtained. You may wish to talk to your former employer about this concern and, if they are not accepting responsibility for the error, refer the matter to the Personal Data Protection Commission. This Commission has the mandate to hear complaints of privacy violations. Consult your lawyer for further guidance.