S15
Security measures for information processed by data processor
16. (1) A data controller shall ensure that a data processor which processes personal information
for or on behalf of the data controller establishes and maintains the security measures referred
to in this Act.
(2) The processing of personal information for a data controller by a data processor on behalf
of the data controller shall be governed by a written contract between the data processor and the
data controller, which requires the data processor to establish and maintain confidentiality and
security measures to ensure the integrity of the personal information.
(3) Where the data processor is not domiciled or does not have its principal place of business
in Eswatini, the data controller shall take reasonable steps to ensure that the data processor
complies with the laws relating to the protection of personal information of the territory in
which the data processor is domiciled.
Notification of security compromise
17. (1) Where there are reasonable grounds to believe that the personal information of a data
subject has been accessed or acquired by an unauthorised person, the data controller, or any
other third party processing personal information under the authority of a data controller, shall
notify
(a) the Commission; and
(b) the data subject, unless the identity of such data subject cannot be established.
(2) The notification referred to in subsection (1) shall be made as soon as reasonably
possible after the discovery of the compromise, taking into account the legitimate needs of law
enforcement or any measures reasonably necessary to determine the scope of the compromise
and to restore the integrity of the information system of the data controller.
(3) The data controller shall delay notification to the data subject where the Police or the
Commission determines that notification will impede a criminal investigation.
(4) The notification to a data subject referred to in subsection (1) shall be in writing and
communicated to the data subject in one of the following ways –
(a) mailed to the last known physical or postal address of the data subject;
(b) sent by e-mail to the last known e-mail address data subject;
(c) placed in a prominent position on the website of the party responsible for
notification;
(d) published in the news media; or
(e) as may be directed by the Commission.
(5) A person making notification shall ensure that the notification provides sufficient
information to allow the data subject to take protective measures against potential consequences
of the compromise, including, if known to the data controller, the identity of the unauthorised
person who may have accessed or acquired the personal information.
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