Albert Moshi, Tanzania Institute of Accountancy, P.O. Box 9522, Dar es Salaam, Tanzania
ABSTRACT
In the era of the Fourth Industrial Revolution, characterized by the widespread adoption of artificial intelligence (AI) technology, the importance of privacy laws cannot be overstated. As AI technologies increasingly rely on vast amounts of personal data to function effectively, effective privacy protections are essential to safeguard individuals' rights to privacy. Privacy law plays a critical role in ensuring that personal data are collected, processed, and stored responsibly. However, AI technologies rely on vast amount of data collected from different sources and processed in real- time at unprecedented speeds. This reliance presents significant challenges in meeting the compliance requirements of existing privacy law. These technological advancements often outpace the development of legal frameworks intended to regulate their usage. Thus, this study aimed to examine the adequacy of Tanzanian privacy law in regulating artificial intelligence technology. The key legal authority examined in this study is the Personal Data Protection Act no.11 of 2022. The study revealed the compliance challenges of AI with the Personal Data Protection Act, especially in relation to Sections 4 and 8. Section 4 mandates that personal data must be collected for specified, legitimate purposes and not processed further in incompatible ways. However, AI technologies often rely on vast datasets for training and machine learning, leading to ambiguous compliance with this principle due to the unpredictable nature of AI applications which can lead to unforeseen uses of personal data. The study also highlighted the challenges associated with Section 8 of the Act, which mandates obtaining informed consent from data subjects prior to the collection and use of their personal data. This becomes problematic in AI usage where data are extracted from multiple sources at high speed, making it difficult for individuals to fully understand and consent to all potential uses of their personal data. The study concluded that there is a disconnect between requirements of privacy law and real-world practices of AI, particularly regarding Sections 4 and 8 of the Act, and recommended the establishment of AI-specific privacy regulations tailored to address the unique challenges posed by AI technologies.
Keywords: Artificial intelligence, Data Protection Act no.11 of 2022.
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