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26 complaints Data Protection No. 3 Part IX—cOMPLaInts __ 44. (1) a data subject who is aggrieved by any action or inaction of a data controller or data processor may lodge a complaint, in writing, with the authority. (2) where a parent or legal guardian of a data subject who is a child or any other natural person lacking legal capacity believes that a right of the data subject under this act has been violated, the parent or legal guardian may lodge a complaint, in writing, with the authority. (3) the authority shall investigate any complaint received under subsection (1) or (2) if— (a) the complaint is lodged within ninety days of the action or inaction on which the complaint is based; and (b) the complaint is not frivolous or vexatious. (4) the authority may, on its own initiative, investigate any matter where the authority has reasonable grounds to believe that a data controller or data processor has contravened, or is likely to contravene, this act. (5) the authority may, for purposes of an investigation under this section, order any person to— (a) attend at a specific time and place for the purpose of being examined orally, in relation to the complaint; (b) produce any document, record or article, which the person is not prevented by any other written law from disclosing, as may be required with respect to any matter relevant to the investigation; or (c) furnish a statement, in writing, made under oath setting out any information which may be required. (6) where material to which an investigation relates consists of information stored in any mechanical or electronic device, the authority may require the person in the custody of the information to produce, or give the authority access to, the information in a legible, structured and commonly used and machine-readable format. (7) the authority shall, within thirty days of completing any investigation conducted under this section, communicate the results of the investigation to— (a) where the investigation was based on a complaint received by the authority, the person who lodged the complaint and the

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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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CYRILLA: Global Digital Rights Law

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The Data Protection Act 2024.

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