Cyber and Data Protection Act, 2021 (2) (3) Zimbabwe 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 and storage 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 and storage is not for the purposes of the mere transit of data through Zimbabwe. 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. Part II – Data Protection Authority 5. Designation of Postal and Telecommunications Regulatory Authority as Data Protection Authority The Postal and Telecommunications Regulatory Authority established in terms of the Postal and Telecommunications Act [Chapter 12:05] is hereby designated as the Data Protection Authority. 6. Functions of Data Protection Authority (1) The Authority shall perform the following functions— (a) to regulate the manner in which personal information may be processed through the establishment of conditions for the lawful processing of data; (b) to promote and enforce fair processing of data in accordance with this Act; (c) to issue its opinion either of its own accord, or at the request of any person with a legitimate interest, on any matter relating to the application of the fundamental principles of the protection of privacy, in the context of this Act; (d) to submit to any Court any administrative act which is not compliant with the fundamental principles of the protection of the privacy in the framework of this Act as well as any law containing provisions regarding the protection of privacy in relation to the processing of data in consultation with Minister responsible for Information, Publicity and Broadcasting Services; (e) to advise the Minister on matters relating to right to privacy and access to information; (f) to conduct inquiries or investigations either of its own accord or at the request of the data subject or any interested person, and in relation thereto may call upon the assistance of experts to carry out its functions and may request the disclosure of any documents that may be of use for their inquiry or investigation; (g) to receive, by post or electronic means or any other equivalent means, the complaints lodged against data processing and give feed-back to the claimants or complainants; (h) to investigate any complaint received in terms of this Act howsoever received; (i) to conduct research on policy and legal matters relating to the development of international best practices on the protection of personal information in Zimbabwe and advise the Minister accordingly; (j) in consultation with the Minister, to facilitate cross border cooperation in the enforcement of privacy laws and participating at national, regional and international forums mandated to deal with the protection of personal information initiatives. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4