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6 application Data Protection No. 3 subject, data controller or processor, who is authorized to process personal data under the direct authority of a data controller or data processor. 3.__(1) this act shall apply to— (a) the processing of personal data in Malawi by a data controller or data processor domiciled, ordinarily resident or operating in Malawi; (b) the processing of personal data of a data subject who is within Malawi, by a data controller or data processor who is domiciled, ordinarily resident or operating outside Malawi, and the data processing relates to the— (i) offering of goods or services, irrespective of whether the data subject is required to pay for the goods or services; or (ii) monitoring of the behavior of the data subject, as far as the behaviour takes place within Malawi; and (c) the processing of personal data in Malawi, whether wholly or partly by automated means or by other means other than automated means, which forms or is intended to form part of a filing system. (2) this act shall not apply to— (a) the processing of personal data by a natural person in the course of performing a solely personal, recreational or household activity; and (b) the mere transmission of personal data through Malawi. cap.74:02 (3) this act shall not affect the rights and obligations of a data controller and data processor prescribed under Part IV of the electronic transactions and cyber security act. Designation of Data Protection authority Part II—aDMInIstratIOn __ 4. (1) the Malawi communication regulatory authority (hereinafter referred to as the “authority”) is hereby designated as the Data Protection authority. (4) For the purposes of this section— (a) “household activity” means correspondence, the holding of addresses, social networking and any other online activity undertaken within the context of a household activity; and (b) “filing system” means any structured set of personal data which is accessible by reference to a data subject or according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.

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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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