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No. 3 15 Data Protection accordance with subsection (1), shall take reasonable steps to inform other data controllers and data processors who, to his or her knowledge, are processing the data to adhere to the request of the data subject. 23.__(1) a data subject has the right to restrict the processing of personal data of the data subject where— (a) the accuracy of the data is contested by the data subject; or (b) the data controller or data processor no longer needs the data for the intended purpose of processing. (2) a data controller or data processor who receives a request from a data subject to restrict processing of personal data of the data subject, in accordance with subsection (1), shall adhere to the request, unless the data controller or data processor shows cause, in writing, why the request cannot be adhered to. 24.__(1) a data subject has the right to object to the processing of personal data of the data subject at any time, where the processing of the data is pursuant to section 8(2)(b) (vi) or (vii)— (a) the processing is causing, or is likely to cause, substantial damage or substantial distress to the data subject; and (b) the damage or distress referred to in paragraph (a) is, or would be, unwarranted. right to restriction of processing personal data right to object (2) a data controller or data processor shall, upon receipt of an objection from a data subject under subsection (1), cease to process the personal data, unless the data controller or data processor, as the case may be, demonstrates that— (a) there is a compelling legitimate ground for the processing which overrides the interest or right of the data subject; or (b) the processing is necessary for the establishment, exercise or defence of a legal claim. (3) a data subject may, where the personal data of the data subject is processed for a direct marketing purpose, object to the processing of the data for that purpose. 25.__(1) a data subject has the right not to be subject to a decision based solely on automated processing of personal data, including profiling, which produces a legal or similarly significant effect concerning the data subject. (2) subsection (1) shall not apply where the decision is— (a) necessary for entering into, or performance of, a contract between the data subject and a data controller; automated decisionmaking

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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

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