Previous 10 / 30 Next

10 Data minimization Data accuracy storage limitation Data Protection No. 3 (4) where a data controller or data processor subsequently processes personal data, for the purpose of archiving the data for public interest or for research or statistical purposes, the subsequent processing of the data shall not be considered to be incompatible with the original purpose for which the data was collected. 10. a data controller and data processor shall ensure that personal data intended to be processed by the data controller or data processor is adequate, relevant and limited to what is necessary for the purpose for which the data is intended to be processed. 11.__(1) a data controller or data processor shall ensure that the personal data the data controller or data processor intends to process is accurate and, where necessary, is up-to-date. (2) where a data controller or data processor intends to process personal data and it comes to his or her knowledge that the data is inaccurate, in relation to the purpose for which it is intended to be processed, the data controller or data processor shall erase the data or take steps to rectify the inaccuracy. 12.__(1) a data controller and data processor shall not store personal data for a period that is longer than the period that is necessary to achieve the purpose for which the data is processed. (2) a data controller and data processor may store personal data for a period longer than the period prescribed under subsection (1) where the data is stored for the purpose of archiving for public interest or for research or statistical purposes. Data integrity and data confidentiality Principles for determining the validity of consent (3) where the data controller or data processor stores personal data in accordance with subsection (2), the data controller or data processor shall ensure that— (a) the principle of data minimization, as provided under section 10, is adhered to; and (b) the personal data is, where appropriate, pseudonymized. 13.__a data controller and data processor shall ensure that the appropriate technical or organizational security measures are implemented to guarantee the security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage of the data. 14.__(1) a data controller shall— (a) obtain the consent of a data subject; or (b) where the data subject is a child or a person who is not capable of providing consent, obtain the consent of the legal guardian of the data subject,

Select target paragraph3

● ● ●

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
Download View

CYRILLA: Global Digital Rights Law

Select target paragraph3

The Data Protection Act 2024.

Primary Documents

Notifications