6 application Data Protection No. 3 subject, data controller or processor, who is authorized to process personal data under the direct authority of a data controller or data processor. 3.__(1) this act shall apply to— (a) the processing of personal data in Malawi by a data controller or data processor domiciled, ordinarily resident or operating in Malawi; (b) the processing of personal data of a data subject who is within Malawi, by a data controller or data processor who is domiciled, ordinarily resident or operating outside Malawi, and the data processing relates to the— (i) offering of goods or services, irrespective of whether the data subject is required to pay for the goods or services; or (ii) monitoring of the behavior of the data subject, as far as the behaviour takes place within Malawi; and (c) the processing of personal data in Malawi, whether wholly or partly by automated means or by other means other than automated means, which forms or is intended to form part of a filing system. (2) this act shall not apply to— (a) the processing of personal data by a natural person in the course of performing a solely personal, recreational or household activity; and (b) the mere transmission of personal data through Malawi. cap.74:02 (3) this act shall not affect the rights and obligations of a data controller and data processor prescribed under Part IV of the electronic transactions and cyber security act. Designation of Data Protection authority Part II—aDMInIstratIOn __ 4. (1) the Malawi communication regulatory authority (hereinafter referred to as the “authority”) is hereby designated as the Data Protection authority. (4) For the purposes of this section— (a) “household activity” means correspondence, the holding of addresses, social networking and any other online activity undertaken within the context of a household activity; and (b) “filing system” means any structured set of personal data which is accessible by reference to a data subject or according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.