Cyber Security and Data Protection “third party” refers to any natural or legal person or organisation other than the data subject, the controller, the processor and anyone who, under the direct authority of the controller or the processor, is authorised to process the data; “transborder flow” refers to international flows of data by the means of transmission including data transmission electronically or by satellite; “whistleblowing” refers to legal provisions permitting individuals to report the behaviour of a member of their organisation which, they consider contrary to a law or regulation or fundamental rules established by their organisation. 4 5 10 Application (1) This Act shall apply to matters relating to access to information, protection of privacy of information and processing of data wholly or partly by automated means: and shall be interpreted as being in addition to and not in conflict or inconsistent with the Protection of Personal Information Act [Chapter........]. (2) Subject to subsection (1) this Act shall be applicable— (a) to the processing of data carried out in the context of the effective and actual activities of any data controller; (b) to the processing of data by a controller who is not permanently established in Zimbabwe, if the means used, whether electronic or otherwise is located in Zimbabwe, and such processing is not for the purposes of the mere transit of data through Zimbabwe. (3) In the circumstances referred to in subsection (2)(b), the controller shall designate a representative established in Zimbabwe, without prejudice to legal proceedings that may be brought against the controller. 15 20 25 PART II Establishment of Cyber Security Centre 5 Designation of Postal and Telecommunications Regulatory Authority as Cyber Security Centre The Postal and Telecommunications Regulatory Authority established in terms of the Postal and Telecommunications Act [Chapter 12:05] is hereby designated as the Cyber Security Centre. 6 30 Functions of Cyber security Centre The functions of the Cyber Security Centre shall be to— (a) advise Government and implement Government policy on cyber crime and cyber security; (b) identify areas for intervention to prevent cyber crime; (c) coordinate cyber security and establish a national contact point available daily around-the-clock; (d) establish and operate a protection-assured whistle-blower system that will enable members of the public to confidentially report to the Committee cases of alleged cyber crime; (e) promote and coordinate activities focused on improving cyber security and preventing cyber crime by all interested parties in the public and private sectors; 6 35 40 45