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14 right to rectification of personal data right to erasure of personal data Data Protection No. 3 (a) based on consent pursuant to sections 8(2)(a) or 16(1)(a) or fulfilment of a contractual obligation pursuant to section 8(2)(b); or (b) carried out by automated means. (2) a data controller shall, on request by a data subject— (a) provide to the data subject personal data of the data subject in a commonly used and machine-readable format; or (b) transmit personal data of the data subject directly to another data controller specified in the request, within thirty days of receipt of the request. 21.__(1) a data subject has the right to rectify any error in personal data of the data subject collected by or being processed by a data controller or data processor. (2) a data subject has the right to have his or her incomplete personal data completed. (3) a data controller or data processor who receives— (a) a request from a data subject to rectify an error in the personal data of the data subject; or (b) supplementary data from a data subject aimed at completing personal data of the data subject that is incomplete, shall rectify the error in the personal data or add the supplementary data to the personal data of the data subject, within fourteen days of receipt of the request or the supplementary data. 22.__(1) a data subject has the right to erasure of personal data concerning the data subject, without undue delay, where— (a) the personal data is no longer necessary in relation to the purpose for which the data was processed; (b) the data subject withdraws the consent on which the processing of the personal data is based and there is no other legal ground for processing the data; (c) the data subject objects to the processing of the personal data pursuant to section 24 and that there is no overriding legitimate ground for processing the data; (d) the personal data has been unlawfully processed; or (e) there is a legal obligation under a written law to erase the personal data. (2) a data controller or data processor who receives a request from a data subject to erase personal data of the data subject in

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The Data Protection Act 2024.

Ley

Status of Law: Final/Active/Current

Country

Malawi

Country Location

Latitud: -13.235028216585723

Longitud: 33.91714876714785

Country Location (vinculado Ley): Malawi

Keywords

Privacy
Privacy, Data Protection and Retention

Adoption Date: 2 feb 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 Name and 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

Collection

CIPIT

Date Updated: 6 may 2024

Complete Name: Data Protection Act [Act No.3 of 2024]

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Data Protection Act 2024.pdf
English
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The Data Protection Act 2024.

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