Article by: Ntazimela Eugene

In our increasingly interconnected world, the exchange of data across borders has become a fundamental aspect of global business operations, international collaboration, and technological advancement. However, the transfer of personal data across borders raises important legal considerations, particularly concerning data protection and privacy. In this article, we will analyze the legal implications of cross-border data transfers and explore Tanzania’s approach to international data transfers.

Understanding Cross-Border Data Transfers

Cross-border data transfers refer to the movement of personal data from one country to another. Such transfers occur when multinational corporations process data in their global operations, when individuals use cloud services with servers located abroad, or when international research collaborations involve sharing sensitive data. While these transfers facilitate a myriad of valuable activities, they also present challenges related to data protection, security, and compliance with varying legal frameworks.

2. LEGAL IMPLICATIONS OF CROSS-BORDER DATA TRANSFERS

• Protection and Privacy Laws: Different countries have distinct data protection and privacy laws that dictate how personal data should be handled and transferred. Organizations engaging in cross-border data transfers must ensure compliance with the laws of both the country of origin (data exporter) and the receiving country (data importer).
• Data Security and Integrity: Cross-border data transfers require robust data security measures to safeguard against unauthorized access, breaches, and potential misuse. Ensuring the data’s integrity during transit and storage is crucial to maintaining trust and protecting individuals’ privacy.
• Consent and Purpose Limitation: The transfer of personal data across borders should ideally be based on individuals’ informed consent, and it must be used only for the specified purposes outlined during data collection. Consent requirements may vary between countries, necessitating careful consideration by data controllers.
• Enforcement and Remedies: When data breaches or violations occur during cross-border data transfers, determining jurisdiction and applying remedies can be complex. Legal challenges arise when entities are subject to multiple data protection laws with differing enforcement mechanisms.

3. TANZANIA’S APPROACH TO CROSS-BORDER DATA TRANSFERS.

Tanzania has established The Personal Data Protection Act No. 11 of 2022 which   sets conditions for the protection of personal information with the aim of setting a minimum level of requirements for the collection and processing of personal information, establishing a Commission for the Protection of Personal Information, strengthening the protection of personal information processed by Government agencies and institutions personal, and other related issues. The Act also addresses cross-border data transfers, acknowledging the importance of regulating international data flows while fostering a conducive environment for data-driven innovation and economic growth.

• Adequacy Decisions: The Act allows the transfer of personal data outside Tanzania to countries or international organizations that have been deemed to have an adequate level of data protection. An adequacy decision ensures that the receiving country’s data protection laws are in line with Tanzania’s standards.
• Standard Contractual Clauses: In cases where no adequacy decision exists, the Act permits data transfers based on standard contractual clauses approved by the Office of the Data Protection Commissioner (DPC). These clauses establish legal obligations between data exporters and importers to ensure appropriate data protection.
• Informed Consent and Public Interest: Cross-border data transfers are also allowed when individuals give their explicit consent or when necessary for public interest purposes, subject to the fulfillment of specific conditions.

4. CHALLENGES AND SOLUTIONS

While The Personal Data Protection Act No. 11 of 2022 lays the groundwork for managing cross-border data transfers, challenges remain:

• Global Compliance: Organizations operating in Tanzania may need to navigate a complex web of data protection laws to ensure compliance with international partners’ requirements.
• Data Localization Laws: Some countries implement data localization laws, which mandate that certain data must be stored within their borders. Complying with such laws while facilitating cross-border data transfers can be intricate.
• Technological Advancements: As technology evolves, new challenges arise in managing data transfers involving emerging technologies like AI, blockchain, and cloud computing.

To address these challenges, Tanzania must continually review its data protection regulations, collaborate with international partners to establish mutual recognition agreements, and support organizations in adopting strong data protection practices.

CONCLUSION

Cross-border data transfers play a vital role in global business and collaboration. As data becomes increasingly valuable and sensitive, ensuring the protection of personal information during international transfers becomes paramount. The Personal Data Protection Act No. 11 of 2022 provides a foundation for managing cross-border data flows and fostering a culture of responsible data handling. By embracing emerging technologies, enhancing cross-border cooperation, and continuously improving its data protection framework, Tanzania can strike a balance between promoting innovation and safeguarding individuals’ privacy rights in the age of global data connectivity.