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8 advisory committees Data Protection No. 3 7.__(1) the authority may establish such number of advisory committees, as the authority determines necessary, to advise the authority in the discharge of its functions under this act. (2) an advisory committee established under subsection (1) shall comprise— (a) a representative of data subjects; (b) a representative of data controllers; (c) a representative of data processors; (d) an expert in data protection; and (e) such other experts from any other relevant field as the authority may determine. (3) the authority shall designate one of its members, other than an ex-officio member, as chairperson of a committee established under subsection (1). (4) an advisory committee shall act in accordance with the mandate and any directions given to it, in writing, by the authority. cap. 68:01 (5) the terms and conditions applicable to members of a committee of the authority established under the communications act shall apply to members of an advisory committee established under subsection (1). (6) the Director General of the authority shall act as secretary to an advisory committee established under subsection (1) or may, with the approval of the chairperson of the authority, delegate a senior member of staff to act as secretary to the advisory committee. Personal data to be processed lawfully, fairly, etc. Part III—PrIncIPLes reLatInG tO the PrOcessInG OF PersOnaL Data __ 8. (1) a data controller and data processor shall process personal data lawfully, fairly and in a transparent manner. (2) the processing of personal data shall be lawful if— (a) the data subject provides consent to a data controller or data processor to process the data for one or more specific purposes or, where the data subject has no capacity to provide consent, another natural person who has authority to provide consent on behalf of the data subject provides the consent; or (b) the processing of the data is— (i) necessary for the performance of a contract to which the data subject is a party or, at the request of the data subject prior to the data subject entering into the contract;

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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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