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No. 3 Data Protection 36.__(1) a data controller shall, in the case of a personal data breach, notify the authority within seventy-two hours of becoming aware of the breach. (2) the notification referred to in subsection (1) shall include— (a) a description of the nature of the personal data breach; (b) where possible, a description of the categories of personal data affected by the breach; (c) where possible, the number of data subjects affected by the breach; (d) a description of the likely consequences of the personal data breach; (e) a description of the measures taken or proposed to be taken by the data controller to address the personal data breach; and (f) the name and contact details of the data protection officer of the data controller. 21 notification of personal data breach (3) where it is not practically possible for a data controller to provide the information referred to in subsection (2) within the period prescribed under subsection (1), the data controller shall provide the information as soon as the information becomes available. (4) a data controller shall, with respect to each personal data breach, keep a record of the breach and the information prescribed under subsection (2). (5) where a personal data breach occurs while data is being processed by a data processor, the data processor shall notify the data controller of the breach, within seventy-two hours of the data processor becoming aware of the breach. (6) the notification under subsection (5) shall contain the particulars prescribed under subsection (2). 37.__(1) a data controller shall, where there is a personal data breach which is of high risk to rights and freedoms of a data subject, notify the data subject of the breach, within seventy-two hours of the data controller becoming aware of the breach. (2) a data controller shall, in evaluating whether a personal data breach is likely to be of high risk to the rights and freedoms of a data subject, take into account— (a) the likely effectiveness of any technical and administrative measures implemented to mitigate the likely harm resulting from the personal data breach, including any encryption or de-identification of the personal data; communication of personal data breach to data subjects

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The Data Protection Act 2024.

Law

Status of Law: Final/Active/Current

Country

Malawi

Country Location

Latitude: -13.235028216585723

Longitude: 33.91714876714785

Country Location (linked Law): Malawi

Keywords

Privacy
Privacy, Data Protection and Retention

Adoption Date: Feb 2, 2024

Type of Law: Legislation

Research Category: II Fundamental Rights and Freedoms

Institution that Established this Law: Malawian Parlimanet

Institution Established by this Law: Data Protection Authority

Is this the Official Copy?: Yes

Source URL: MALAWI.GOV

Notes: The Act is organized into ten distinct parts. It begins with preliminary matters, setting the stage by defining key terms such as "data controller," "data processor," "personal data," and "sensitive personal data." These definitions are crucial as they delineate the scope and applicability of the Act, ensuring that all stakeholders have a clear understanding of their responsibilities and the data subjects' rights.

The administration of the Act is designated to the Malawi Communications Regulatory Authority, identified as the Data Protection Authority. This body is endowed with broad functions and powers, from developing data protection guidelines to promoting public awareness and ensuring compliance through the ability to issue compliance orders.

One of the core elements of the Act is the set of principles governing data processing. These principles emphasize lawful, fair, and transparent processing, along with purpose limitation, ensuring that data is collected for explicit and legitimate purposes and not used in ways incompatible with those original purposes. Additionally, the principles of data minimization and accuracy dictate that only necessary data is collected and that it remains accurate and up-to-date.

The rights of data subjects are robustly protected under the Act. Individuals have the right to access their data, request corrections, and even demand the deletion of their data under certain circumstances. They can also restrict processing or object to the processing of their data, particularly in cases where the processing does not align with the data protection standards set out in the Act.

Duties of data controllers and processors are clearly outlined, focusing on compliance with the data protection principles and the secure handling of personal data. Data controllers are required to perform data protection impact assessments for processing activities that pose high risks to the rights and freedoms of individuals, emphasizing the Act's preventative approach.

Data security is another critical area addressed by the Act. It mandates controllers and processors to implement suitable technical and organizational measures to safeguard personal data. This includes obligations to notify the Data Protection Authority and affected individuals in the event of a data breach.

Cross-border data transfers are strictly regulated, prohibiting the transfer of personal data outside Malawi unless adequate protections are in place. This ensures that personal data is not subjected to jurisdictions with lax data protection standards.

Significant data controllers and processors must register with the Data Protection Authority, a measure aimed at ensuring that entities handling large volumes of data or sensitive information maintain high data protection standards.

Finally, the Act provides mechanisms for complaints and legal redress, allowing individuals to lodge complaints with the Data Protection Authority if they believe their data has been mishandled. It also outlines penalties for non-compliance, emphasizing the Act's enforceability.

Related Analysis

AU DATA POLICY FRAMEWORK, 2023.

Collection

CIPIT

Date Updated: May 6, 2024

Complete Name: Data Protection Act [Act No.3 of 2024]

Primary Documents

Data Protection Act 2024.pdf
English
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CYRILLA: Global Digital Rights Law

Select target paragraph3

The Data Protection Act 2024.

Primary Documents

Notifications