Mganyizi, Diogeness D.
(2024)
An Assessment of Independence of Data Protection Authorities in East Africa: A Comparative Study of Kenya and Tanzania.
Masters thesis, The Open University of Tanzania.
Abstract
This dissertation investigates the question of independence of data protection authorities in East Africa with particular focus on Kenya and Tanzania. Objectively this study aims at determining the formal independence of Data Protection Authorities in Kenya and Tanzania. The study is guided by three research questions namely, whether the structures of Data Protection Authorities in Kenya and Tanzania guarantee their independence, Whether the procedures for the appointment and removal from office of data protection commissioners in Kenya and Tanzania secure
their jobs in order to act independently and whether the DPAs in Kenya and Tanzania have their budgets and resources adequately provided to exercise their independence. Objectively this study aims at determining the formal independence of Data Protection Authorities in Kenya and Tanzania. To accomplish this research investigation, this study engaged two research approaches: doctrinal legal research methodology which analyses law in the form of legislation, case law and international instruments as well as comparative legal research methodology which involves comparative analysis of identified criteria from Kenya and Tanzania. In relative terms, this research overall finds that the Kenyan data protection authority is more independent than the Tanzanian data protection authority.
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