Electronic Records Governance in Tanzania: Legal, Policy and Institutional Challenges at the Rural Energy Agency

Abstract

This article critically examines the policy, legal, and institutional challenges facing electronic records governance in Tanzania, with a case study of the Rural Energy Agency (REA). Despite the enactment of statutes such as the Records and Archives Management Act (RAMA, Cap 306 R.E. 2023), the eGovernment Act (eGA, Cap 273 R.E. 2023), the Electronic Transactions Act (ETA, Cap 442 R.E. 2023), the Cybercrimes Act (CCA, Cap 443 R.E. 2023), and the Personal Data Protection Act (PDPA, Cap 44 R.E. 2023), the framework remains fragmented and aspirational. Methodologically, the study employs doctrinal and comparative legal analysis, supported by a case study of REA, to interrogate statutory adequacy, institutional capacity, and compliance with international standards. Findings reveal persistent reliance on paperbased legacy practices, weak enforcement mechanisms, and limited professional training, which compromise the confidentiality, integrity, and availability of electronic records. Comparative insights from Kenya, South Africa, India, the European Union, and the United States demonstrate that effective governance requires harmonisation, breach notification obligations, statutory timelines, and continuous monitoring. The study concludes that securing electronic records is not merely a technical exercise but a matter of legal certainty, institutional credibility, and governance integrity. Recommendations include legislative harmonisation, mandatory breach notification,strengthened enforcement, capacity building, contractual safeguards, institutional modernisation, judicial interpretation, and regional alignment.