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TANZANIA

Since May 2015

Pillar Domestic Data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Cybercrime Act, 2015
Police officers and law enforcement officers can access personal data without a court order in Tanzania. Sections 34 and 35 of the Cybercrimes Act allow a police station or a law enforcement officer to collect or record traffic or content data associated with a specified communication during a specified period. Section 32 states that "(1) Where the disclosure of data is required for the purposes of a criminal investigation or the prosecution of an offense, a police officer in charge of a police station or a law enforcement officer of a similar rank may issue an order to any person in possession of such data compelling him to disclose such data."
Coverage Telecommunications sector

TANZANIA

Since March 2010

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Electronic and Postal Act, 2010
The licensee of a telecommunication licence is required to store subscriber communication data for one month. Then data are to be submitted to the Tanzania Communication Regulatory Authority. Section 91 states that "(1) There shall be a database kept within the Authority in which all Subscriber Information shall be stored. (2) The Authority shall take charge of monitoring and supervision of the information stored per sub-section (1). (3) Every application services licensee shall be required to submit to the Authority once a month a list containing its subscriber’s information. (4) The Authority shall issue guidelines on details of subscriber's information to be submitted."
Coverage Telecommunication sector

TANZANIA

Since March 2018, as amended in July 2020

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Electronic and Postal Communications (Online Content) Regulations (2020)
Section 13 of the Online Content Regulations (2020) requires internet cafe operators to:
- keep a proper service user register and ensure every person using internet service is registered upon showing a recognized identity card;
- install surveillance camera to record and archive activities inside the cafe.
The images recorded by surveillance camera and the register of users recorded shall be kept for a period of 12 months.
Coverage Internet cafe operators

TANZANIA

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Tanzania does not have a comprehensive regime in place for all personal data, but it has sectoral regulation. The Personal Data Protection Act 2022 was passed into law on 27 November 2022 and enters into force in May 2023, and contains detailed provisions imposing obligations on data controllers and data processors, including requirements associated with data security and international data transfers, and establishes the Personal Data Protection Commission. However, it has not yet entered into force. Moreover, provisions regarding data protection can be found in various other pieces of legislation such as the Constitution of the United Republic of Tanzania. In addition, the Cybercrimes Act, 2015 provides for offences related to violations of privacy against or using a computer system located in Tanzania. There are also notable requirements in the financial sector through the Bank of Tanzania (Credit Reference Bureau) Regulations, 2012. Furthermore, the Electronic and Postal Communications Act, 2010 ('EPOCA') governs electronic, telecommunications and postal communications in Tanzania and is enforced by the Tanzania Communications and Regulatory Authority ('TCRA').
Coverage Horizontal

TANZANIA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tanzania has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

TANZANIA

Since 2015

Pillar Cross-border data policies  |  Sub-pillar Infrastructure requirement
Payment Systems (Licensing and Approval) Regulations, 2015
Art. 42 of the Payment Systems Licensing and Approval Regulations requires a payment system provider to place its primary data center in relation to payment system services in Tanzania.
Coverage Payment system providers

TANZANIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Tanzania Communications Regulatory Authority (TCRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

TANZANIA

Since August 2018
Since June 2017

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Electronic and Postal Communications (Licensing) Regulations, 2018

Finance Act 2017
According to Part III of the Finance Act (2017) and Section 22(a) Licensing Regulations of (2018), holders of Network Facilities and Network service licensee need to offer a minimum of 25% of their shares to the public (local or foreigners) through Initial Public Offering (IPO) at the Dar es Salaam Stock Exchange (DSE). Where after conducting an initial public offer, if a licensee does not attain the prescribed threshold of 25% of its issued and paid up share capital, the Capital Markets and Securities Authority, upon consultation with the Minister responsible for Capital Markets and after taking into account conditions prevailing in the market, will issue directives on how the licensee may obtain the 25%. Moreover, it is reported that the fees for the licensing are onerous.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Tanzania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
TTCL (Tanzania Telecommunications Company Limited) is a state-owned telecommunications company in Tanzania that offers fixed-line, mobile, broadband internet, and data services. The company also has a fiber optic network throughout the country, enabling it to offer high-speed connectivity services to businesses and homes. TTCL has been a key player in the expansion of Tanzania's telecommunications infrastructure and the promotion of internet access and other telecommunications services throughout the country.
TTCL was privatized in February 2001, where by a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns 15% stake of Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatize TTCL has stalled. TTCL has been given management of the national fiber backbone, and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorized some private companies to build terrestrial fiber networks, governing regulations remain unclear and inconsistently applied.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tanzania mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of effective protection of trade secrets
Tanzania does not have a comprehensive framework in place that provides effective protection of trade secrets. It is reported that protection of trade secrets is mostly by way of common law and equity, in the form of judicial decisions.
Coverage Horizontal

TANZANIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Tanzania to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

TANZANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TANZANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal