DATA PROTECTION IS RIGHT TO AND HUMAN RIGHTS PRIVACY MORE PROTECTION IMPORTANT THAN Even though information about people or data is useful for other purposes, the fundamental reason why data protection laws exist, is to protect the rights of a data subject as human rights. In that regard, the preamble to the Act refers to the Constitution’s Declaration of Rights. In addition, the judiciary and policy makers are required in terms of the Constitution to take into account international law when interpreting the Declaration of Rights. Section 46 (1) of the Constitution provides that: When interpreting this Chapter, a court, tribunal, forum or body (a) must give full effect to the rights and freedoms enshrined in this Chapter; (b) must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in Section 3; (c) must take into account international law and all treaties and conventions to which Zimbabwe is a party; (d) must pay due regard to all the provisions of this Constitution, in particular the principles and objectives set out in Chapter 2; and (e) may consider relevant foreign law.” 4 OTHER RIGHTS? The Constitution provides for freedom of expression under Section 61, while Section 62 promotes access to information. These provisions are further protected in the FOIA which stipulates the conditions and circumstances when information including personal information can be legally accessed. The Act’s application must therefore take into account the FOIA provisions. These laws must not be interpreted as conflicting, but as reinforcing one another. For instance, POPIA’s purpose states that this ‘includes balancing the right to privacy against other rights, particularly the right of access to information’.4 While this Act has no equivalent provisions, this can be inferred as part of interpretation and enforcement of the rights. The rights are not in hierarchy and courts are required to balance the conflicting rights. In the case of A v B Plc on the interpretation of Article 8 on the right to privacy and Article 10 on the right to freedom of expression of the Human Rights Act, the European Court of Human Rights observed the importance of striking a balance. POPIA section 2. M I S A Z I M B A B W E • G U I D E T O T H E Z I M B A B W E A N C Y B E R A N D D A T A P R O T E C T I O N A C T - 2 0 2 2 5