Vexatious privacy complaint

We are a new research consultancy company based in Dodoma and are registered as data processors and controllers as required under the Personal Data Protection Act. Despite this, there are a lot of compliance issues, especially in the area of data collection, processing, and sharing. A recent project led to several complaints filed against us. In one of these complaints, a Tanzanian citizen discovered that their personal data, collected by our company, has been shared with third parties without their consent.  We think the complaint is unjustified since consent was obtained when this person volunteered to participate in our research? Please enlighten us on this.
IC, Dodoma

The Personal Data Protection Act, Act No. 11 of 2022 (the Act), governs data protection in Tanzania. It mandates that personal data must be processed lawfully, fairly, and transparently, ensuring the security and privacy of the data subject. The Act outlines principles such as limiting data collection to explicit purposes and ensuring accuracy. Violations, such as unauthorized sharing, can lead to penalties under the Act. The aggrieved individual can file a complaint with the Personal Data Protection Commission, established under the Act, to seek redress. Upon filling the complaint, section 39 provides that where the Commission is satisfied that there are reasonable grounds to investigate a matter under the Act, the Commission may initiate an investigation in respect thereof. The complaint will be investigated and concluded within 90 days from the date of receipt. The Commission may, taking into account the circumstances of the complaint, extend the time provided up to a period not exceeding 90 days. We are sure this investigation will establish whether the complaint was justified. To avoid future complaints, we advise you to evaluate your compliance with the law and data risks with an expert. Consult your lawyer for further guidance.

Statutory rape

I am head teacher at a girl’s boarding school. This school is near a famous market, and so often motorcycle driver, famously called bodaboda, conduct their activities near the school. One of the challenges we face as teachers is ensuring our students do not fall prey to the canning bodaboda drivers. Over the years, we have had several cases of students having secretly consented to sexual relations with the bodaboda drivers. This prompted the school to build a fence, but students still find ways of getting out, including jumping over. However, these cases involved students in their senior years who are usually 18 and above, so we never took matters further than reprimanding the student. Last month, it was discovered that a 23-year-old bodabodadriver was engaging in a consensual relationship with a 16-year-old junior student. The student confessed that she freely consented to the relationship, but I believe this may amount to rape. Before we contact the parents, we want to know what the law says based on this scenario. Please guide me.
NM, Kilimanjaro

We are sorry to hear about this. The Penal Code Cap 16 [R.E. 2022] (Penal Code), at section 130(1) provides that it is an offence for a male person to rape a girl or a woman. Further, a male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances described in the Penal Code. As per section 130(2)(e) this includes with or without her consent when she is under 18 years of age.

This circumstance is commonly referred to statutory rape and it occurs when an adult engages in sexual activity with a minor below the age of consent, which is 18 years. Even if the relationship is consensual, it is considered a serious criminal offence. Section 130 explicitly criminalizes such acts, emphasizing the protection of minors from exploitation.

According to section 131 of the Penal Code, the accused could face severe penalties if found guilty, including imprisonment of not less than 30 years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the Court, to the person in respect of whom the offence was committed for the injuries caused to such person.

You have not informed us about all the facts of the case, so our comments are confined to what the law provides. Please seek further assistance with the police and social welfare officers since the case involves a minor. Your lawyer may guide you further in this process.

Recognition of a marriage contracted abroad

I am a Tanzanian citizen who married a foreign national in a ceremony held in another country. We now wish to have our marriage recognized in Tanzania. What steps should we take? Please guide us.
MK, Dar es Salaam

Congratulations on your Marriage. The Law of Marriage Act Cap. 29 [R.E. 2019] (LMA) recognizes marriages contracted abroad, provided certain conditions are met. Section 36 of the LMA stipulates that the marriage must comply with the laws of the country where it was contracted, and both parties must have had the capacity to marry under their respective domiciles. Additionally, the marriage must be voluntary and free from coercion.

Section 42 (2) of the LMA requires the Registrar General to maintain a register of foreign marriages. To formalize recognition, the couple may register their marriage with the Registrar-General in Tanzania. This ensures their marital rights are protected under Tanzanian law. However, section 41 of the LMA provides that a marriage which in all other respects complies with the express requirements of this Act shall be valid for all purposes, notwithstanding failure to register the marriage hence for those of you who have not registered your foreign marriages need not panic!

Your lawyer can guide you further on the necessary steps should you choose to register your marriage.