18
Data Protection
No. 3
(d) an assessment of the necessity and proportionality of the
processing of the personal data, in relation to the purpose of
processing the data;
(e) an assessment of the risk to the rights and freedoms of the
data subject;
(f) the measures envisaged to be put in place to address the risk,
taking into account the rights, and legitimate interests of the data
subject and any other natural person concerned; and
(g) any other information as may be prescribed by the
authority.
(4) a data controller shall submit the data impact assessment
report to the authority, prior to the processing of the personal data.
(5) a data controller shall, where there is a change in the risk
represented in the data protection impact assessment report, carry
out a review of the risk to assess if the processing of the personal
data is being done in accordance with the data protection impact
assessment.
(6) the authority may by notice published in the Gazette,
prescribe guidelines for carrying out a data protection impact
assessment.
Joint data
controllers
(7) the Minister may, by an order published in the Gazette,
exempt a data controller or data processor from the obligation
prescribed under subsection (1).
31.__(1) where two or more data controllers jointly determine
the purpose and means of processing personal data of a data subject,
the data controllers shall be joint data controllers.
(2) Joint data controllers shall enter into a written agreement that
clearly stipulates the role of each data controller and assign the
duties under this Part to the joint data controllers.
(3) Joint data controllers shall provide a summary of the
agreement entered into under subsection (2) to the data subject
whose personal data is to be processed under the agreement.
regulation
of the
relationship
between data
controllers and
data processors
(4) Joint data controllers shall be jointly and severally liable to
the data subject whose personal data is processed under the
agreement.
32.__(1) a data controller and a data processor who intend to
process personal data of a data subject shall enter into a written
contract that sets out—
(a) the subject matter and duration of the processing of the
data;