The right to privacy embodies the presumption that individuals should enjoy elements of self-determination and liberty, with or without interaction with others, free from arbitrary state intervention and from excessive unsolicited intervention by other uninvited individuals. Section 57 of the Constitution of Zimbabwe affords every person with the right to privacy. This is the starting point in recognizing the right to privacy and protection of privacy data. Presently one of the laws dealing with privacy issues is the Freedom of Information Act [Chapter 10:33]. The Freedom of Information Act  regulates the right of access to information held by entities in the interest of public accountability or for the exercise or protection of a right. An entity is expressly defined in this legal framework to include public, private and public commercial entities as well as statutory offices.

The Freedom of Information (General) Regulations, 2021 (“the Regulations”) promulgated in September of 2021 are there to put into effect the provisions of the Freedom of Information Act. The key objectives of the Enabling Act are to promote, respect and give effect to the right of access to information in accordance with the Constitution. Further the Act seeks to establish voluntary or mandatory mechanisms and procedures to access of information so as to facilitate swift inexpensive and simple access to information. The same Act seeks to promote transparency, accountability and effective governance. The Regulations are therefore meant to facilitate the implementation of the objectives of the Act. Below we briefly highlight some of the key provisions of the Regulations.

1. Section 2; section 2 regulates the publication of information by public entities, public commercial entities or statutory offices (hereon shortened as entities). It states that these entities shall publish within six months of the commencement day of these regulations or the establishment of the public entity an intial statement about the organisation containing among other things a description of functions of the entity, a list of the departments, the location of the departments and agencies, a description of the subjects on which the entity holds records and the categories of records held on each subject. Any changes to an entity must be updated within six months.

• Section 4: The Regulations provides for the functions of an information officer. These duties include ensuring persons who are applying for access to personal information prove their identity, conduct interviews with applicants, to locate the records and to ensure applicants are fully informed of the status of the application.

• Section 6.In section 6, the regulations place a duty on the information officer who works for a public entity or any other entity envisioned in the Regulations to keep a register of applications for access to information through establishing a monitoring and tracking computer system. The Regulations also state the procedure to be followed upon receipt of a request for access to information. The procedure places a duty on the information officer from the entity to dispatch information pertaining acknowledgement of receipt of request for information as well as making a determination to grant or refuse the request in accordance with provisions of section 8 of the main Act. Information officers should also state whether request has been refused or granted and whether there is a fee payable among other obligations.

• Section 10. Section 10 regulates the handling of personal information and third party rights. This section requires that a third party has to be notified when its information is to be used through written notice. However, if access to this information is going to be denied then there is no need for written notice. When access has been granted to personal information there shall be notification to that effect. However, when a person is denied access to information he/she can appeal against such decision.

• Section 22. Section 22 outlines the penalties for people who alter, block, destroy or conceal information unlawfully by imposing either fine or imprisonment for one year or both. The same penalty applies to people who violate the rules of the commission or appeals committee.

The Regulations seek to operationalize the provisions of the principal Act. The Regulations place a duty on the information officers at the entities to keep a register of all applications for access to information. Furthermore, the Regulations also create a procedure to be followed upon receipt of a request for information. There is also room for any person to appeal against a refusal to grant access to information within the Regulations.