Cyber Security and Data Protection
Clause 24 places the burden of accountability for the protection of data on the
data controller.
Part VII
Clause 25 provides for the protection of data subjects from decisions taken on the
basis of automatic data processing and the measure of recourse that is available from
such automatic data processing to the data subject.
Clauses 26 and 27 deals with the protection of the rights of data subjects who
are children or data subjects who may otherwise be incapable of exercising their rights
due to some other legal incapacitation in terms of this Act. Such persons rights may be
exercised by any such persons as are described in this part.
Part VIII
Clauses 28 and 29 outlines the rules on permissability and non-permissability
of the transfer of data outside the Republic of Zimbabwe and the requirements for the
authorisation or non-authorisation of the same.
Part IX
Clause 30 requires the Authority to provide and approve codes of conduct and
ethics to be observed by data controller and categories of data controllers.
Part X
Clause 31 provides for the establishment and management of a whistle blowing
system by the Authority.
Part XI
Clause 32 provides for the Minister to make regulations in consultation with the
Authority to give effect to the Bill.
Clause 33 sets out the offences and the penalties thereof under this Bill.
Part XII
Clause 35 deals with consequential amendments to the Criminal Code by the
introduction of this Bill. This part amends the Criminal Law (Codification and reform)
Act [Chapter 9:23] by the repeal of sections 163 to 166, which are therefore expanded
in scope and application.
Part I
Clauses 163 to 163E deals with hacking and to prevent interfering, impairing the
functions on a computer system which house data vital to the country that the incapacity
of such would have debilitating impact on security. It further deals with security and
protection of data on computers so that data is not obtained, installed downloaded
or modified illegally by means of technology. It also curbs acquisition, possession,
production, selling, procuring and distribution for use imports designed or adapted for
the purpose of committing an offence.
Clause 163F
In this Part an offence is committed in aggravating circumstances if committed
with or in furtherance of the commission or attempted commission of a crime against
the State specified in Part 111 of the Criminal code.
Part II
Clause 164 deals with transmission of data messages inciting violence or damage
to property.
Clause 164A deals with protection of citizens from receiving threatening messages.
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