290 GOVERNMENT NOTICE NO. IO OF ZO12 Staternent of Objects and Reasons of the Data Frotection Act,20X1 (Circulated by the Authority of the Minister of E{ome Attairs, Public Safety aird Farliarnentary Affairs) The object of the Bill is to provide for the establishment of a data plotection regime in Lesotho. The fundamental position recognized by this Bill, on the other hand, is that plivacy of pelsonal infolmation must be guaranteed. On the other hand fi'ee flow of information is a necessary feature of economic life. The Bill ploposes provisions intended to balance protection of pelsonal data rights against economic intelests of the wider society. The Bill makes provision for information protection plinciples that reflect international best practice on the rules that should apply to the processing ofpersonal information. It also provides for exceptions to, exemptions and exclusions fi'om compliance with the information protection principies, in so far as this is necessal'y to reconcile the right to personal information plivacy with the light to leceive and impalt infolmation. It further makes provision for regulation of automatic and manual processing of pelsona; and sensitive personal data by public and private bodies. The Bill stipulates clearly defined rights of data subject and conesponding ob- ligations of data contloliers. Importantly, the Bill establishes the data protection commission, whose main function wil1be to oversee and ensure compliance with the Data Protection legislation. Additionally, the Biil makes provision for' a legal infrastructule compatible with intemational best practices and rules especially compliance with the European Union's Data Protection Directive95l46 EC since that wil1be a prelequisite for commelcial; dataflows between the European Union and the Kingdom of Lesotho. The compliance will further support trans-border flows of pelsonal data ploposes of tlade, economic and social development.

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