114 No. 3 of
2021]
Data Protection
Appointment
of data
protection
officer
48. (1) Subject to subsection (2), a data controller and data
processor shall appoint a data protection officer.
Notification
of security
breach
49. (1) A data controller shall notify the Data Protection
Commissioner within twenty-four hours of any security breach
affecting personal data processed.
(2) A data protection officer shall be appointed in accordance
with the guidelines issued by the Data Protection Commissioner.
(2) A data processor shall notify the data controller, as soon as
practicable of any security breach affecting personal data processed
on behalf of the data controller.
(3) A data controller or data processor shall notify the data
subject, as soon as practicable of any security breach affecting
personal data processed.
Accountability
50.
A data controller and data processor shall—
(a) take necessary measures to comply with the principles
and obligations specified in this Act; and
(b) have the necessary internal mechanisms in place for
demonstrating such compliance to both data subjects
and to the Data Protection Commissioner.
Data
Retention
51. (1) Subject to the provisions of this Act, a data controller
and data processor shall keep personal information for as long as
that personal information is used for the specific purpose for which
the personal information was collected and for as long as the
personal information is relevant for that purpose and for a period
of at least one year thereafter or other period that may be prescribed.
(2) A data controller and a data processor shall keep a record
of the process and a record of the purpose for which the personal
information was collected and third parties to whom and when the
personal information was disclosed.
Duties of
data
processor
52. (1) A data processor shall not engage another data
processor without prior specific or general written authorisation of
the data controller.
(2) A data processor shall, where a data controller is granted
general authorisation to engage another data processor, inform the
data controller of any intended changes concerning the addition or
replacement of other data processors, thereby giving the data
controller the opportunity to object to those changes.
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