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No. 3 Data Protection data controller or data processor, as the case may be, under investigation; or (b) where the investigation was done on the authority’s own initiative, the data controller or data processor, as the case may be, under investigation. 45.__(1) where upon conclusion of an investigation under section 44, the authority is satisfied that a data controller or data processor has contravened or is likely to contravene this act, the authority shall issue an appropriate compliance order to the data controller or data processor. (2) the compliance order issued by the authority under subsection (1) may include any of the following— (a) an order requiring the data controller or data processor to comply with a specified provision of this act; (b) a cease and desist order requiring the data controller or data processor to stop or refrain from doing an act which is in contravention of this act; (c) an order requiring the data controller or data processor to pay compensation to a data subject affected by the action or inaction of the data controller or data processor; (d) an order requiring the data controller or data processor to account for the profits made out of the contravention; (e) an order requiring the data controller or data processor to pay an administrative penalty not exceeding k20,000,000; or (f) any other order as the authority may consider just and appropriate. (3) a compliance order issued under this section shall be in writing and shall specify— (a) the provision of the act that the data controller or data processor has contravened or is likely to contravene; (b) the specific measures to be taken by the data controller or data processor to avoid, remedy or eliminate the situation which has resulted, or is likely to result, in the contravention; (c) a period within which any action specified in the order is to be implemented; and (d) the right of the data controller or data processor to seek review of the decision by the high court and the period within which to seek the review. (4) a data controller or data processor who fails to comply with a compliance order other than an order to pay compensation or an 27 compliance orders

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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

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The Data Protection Act 2024.

Primary Documents

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