Q QUESTION

Lord Woolf noted:

…. There is a tension between the
two articles which requires the
court to hold the balance between
the conflicting interests they are
designed to protect. This is not an
easy task, but it can be achieved
by the courts if, when holding the
balance, they attach proper weight
to the important rights both articles
are designed to protect. Each
article is qualified expressly in a
way which allows the interests
under the other article to be taken
into account 5.
In short, the right to privacy which incorporates the right to
the protection of personal data must be balanced against the
other rights and in particular access to information, and
freedom of expression. The right to access to information and
freedom of expression are important constitutional rights for
transparency and accountability.
The protection of privacy is the basis of data protection. Access
to personal data is not allowed unless certain conditions have
been satisfied. With freedom of expression and access to
information especially information held by the state, such
information would be accessible unless other reasons prevent
that access. There is a small but important difference; right
to privacy starts from denial of access to protect individual
privacy unless individual consent or some other reason exists;
right to access and freedom of expression, starts from access
and then moves to denial or preventing access if that is
unwarranted or a material breach of privacy.

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Do you think data protection must
be viewed as a human right? If not,
how else can it be viewed as and
how can it be protected?

IS THE ACT THE
ONLY LAW?
The Act does not state that it is the primary and only law on
data protection in Zimbabwe, meaning that there might be
some other relevant laws on data protection. Indeed, there
are other laws that regulate collection and processing of
specific types of data but might not provide better protection.
For instance, the Postal and Telecommunications Act allows
for collection of subscriber data information or personal call
records; Banking Act records personal financial information;
Interception of Communications Act authorises the collection
or interception of communication information; the National
Registration Act authorises the collection of personal
identification information for issuance of national identity
records such as birth certificates or passport. And this
information is usually collected and stored in public databases.

WHEN, AND WHERE
IS THE DATA
PROTECTION ACT
APPLICABLE?
The Act under Section 4 provides that the ‘Act shall be
interpreted as being in addition to and not in conflict with the
Protection of Personal Information Act’. There is no Protection

[2002] 2 All ER 545 5.

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G U I D E

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P R O T E C T I O N

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