Pan African Visions

Global Data Security and Legal Challenges: From Big Five Collaborations to Tanzanian Turmoil

May 23, 2024

By Adonis Byemelwa

Tanzania's acclaimed investigative journalist, Erick Kabendera. Photo file

In a bold move to combat surging crime rates, the Big Five nations—New Zealand, Australia, the United Kingdom, Canada, and the United States—had inked agreements to swap biographic data, immigration info, and security alerts.

This united front aims to beef up security measures and sends a clear message to strife-torn East African countries like Burundi, Rwanda, South Sudan, and the Democratic Republic of Congo to shore up their security protocols.

These treaties state that visa breaches in one member state could impact visa applications across all five nations, cementing a unified stance on security.

While hailed for their proactive approach, critics warn of potential fallout for African economic refugees, who often grapple with visa and identity challenges.

Stephen Bandio, a Tanzanian resident previously based in the United States, recounted his ordeal after being linked to an armed robbery case in the U.S. "I traveled from Arkansas to Canada via Detroit, where I'd lived for over 12 years.

At the Canada-U.S. border, I was detained and deported. Luckily, my charges were dropped in court. It was startling to learn about the extensive information-sharing among the Five Eyes," he revealed.

The collaboration among the Big Five accentuates their commitment to exchanging biometric and biographic data for border security.

While these initiatives aim to bolster global security, they raise pertinent questions about balancing security imperatives with safeguarding individual rights, particularly for vulnerable groups like economic refugees.

As these agreements take effect, their impact on international security dynamics and personal liberties will be closely monitored.

According to a New York Times report, in June 2017, the Ministry of Business and Employment (MBIE) in New Zealand implemented the state-secure Real-Time Platform (SRTP), a system also used in the UK, US, and Australia to facilitate the sharing of identity data, including biometrics. The SRTP speeds up responses to identity questions among border agencies in these five countries.

Minutes from the M5 Data Sharing Work Group (DSWG) show that trials were carried out on sending biographic information to partners to supplement biometric data.

 In 2017, New Zealand shared over 14,000 fingerprints with each of its four partners, according to documents released under the Official Information Act.

On December 13, 2012, Canada signed a treaty with the United States to enable systematic immigration information sharing between the two countries on third-country nationals.

 This agreement aimed to prevent people from assuming different identities between the two nations and to identify those who had committed serious crimes or violated immigration laws. This allowed for more informed decisions on visas, admissibility, and other immigration benefits.

These treaties among member states are so binding that they are difficult to alter. They undergo systematic reviews and updates agreed upon by the Five Eyes to avert crime rates and ensure economic prosperity.

 Despite efforts to address crimes among member states, personal data system laws and regulations are safeguarded to ensure privacy as enshrined in international laws. “No one can easily tamper with seamless communication or pry into personal data.

Access to personal data is only granted if gadget owners are accused of threatening national security,” revealed a diaspora living in Maryland, USA, who requested anonymity.

Recent developments in Tanzania highlight both the importance of data security and the ongoing challenges faced by the government in addressing issues such as illegal immigration and corruption.

Amid escalating worries surrounding the protection of personal data, the spotlight falls on journalist Erick Kabendera's allegations against telecommunications behemoth Vodacom, reigniting debates on privacy and corporate accountability.

The Five Eyes exchange biometric data for border security, highlighting their strong commitment. Photo courtesy.

The statement issued by the Canadian Immigration Department back in 2013 resonates deeply in today's context, underscoring the global imperative of adhering to robust privacy regulations.

 It serves as a poignant reminder of the paramount significance of upholding stringent privacy standards, as delineated in pivotal legislations like the Privacy Act, amidst the ever-evolving digital landscape.

Kabendera's demand for compensation, a staggering $1 million (equivalent to over TZS 2.5 billion), amplifies the gravity of the situation.

His plea, encompassing various forms of damages incurred—ranging from economic losses to mental anguish—epitomizes the profound toll of alleged privacy infringements.

Vodacom's response to these accusations is awaited with bated breath, as the telecommunications titan navigates the storm of allegations levied against it.

In Tanzania, the issue of data privacy has been particularly sensitive, with security and privacy concerns intersecting with political and legal matters.

 The case of Kabendera, who alleges Vodacom's involvement in his arrest and subsequent legal troubles, underlines the potential risks associated with the mishandling of personal data by telecommunications companies.

Still, recent reports of illegal immigration and allegations of corruption among civil servants highlight the broader security challenges facing Tanzania. The involvement of government vehicles in facilitating illegal immigration raises serious questions about accountability and integrity within the ruling party.

Within these challenges, the Tanzanian government's efforts to enhance data protection through the establishment of the Personal Data Protection Commission (PDPC) and initiatives such as the One-Stop Border Post at Namanga demonstrate a commitment to addressing security concerns and protecting citizens' information.

 President Samia Suluhu Hassan's emphasis on stringent controls on personal data reflects a proactive approach to safeguarding privacy rights and promoting economic growth.

“Customs clearance used to be a real challenge here, with separate procedures at Tanzanian and Kenyan immigration offices taking up to two hours,” said an official. “Now, a single checkpoint handles all administration.”

Edward Wilson Lyimo, a hotel owner in Namanga, praised the project for boosting business profitability and facilitating cross-border trade. “Thanks to the new crossing point, road traffic has increased,” Lyimo noted.

These initiatives enhance regional integration and position Tanzania to adopt advanced data-sharing and border management strategies, reflecting Tanzania's commitment to modernization and economic development.

 By learning from the Big Five’s cooperation on data sharing and security, Tanzania and other developing countries can improve their security frameworks, ultimately leading to better management of immigration and economic growth.

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