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No. 3 29 Data Protection (b) is in possession of any information which to the knowledge of the person was obtained in contravention of this act, publishes or communicates that information without lawful authority to any other person, commits an offence and shall, upon conviction, be liable to a fine of k20,000,000 and to imprisonment for five years. 50.__(1) where a legal person is convicted of an offence under this act, every natural person who— (a) is a director of, or is otherwise concerned with the management of, the legal person; and (b) knowingly authorized or permitted the act or omission constituting the offence, commits the same offence which the legal person is guilty of, and may be proceeded against and be sentenced in the same manner as any other natural person. Offences committed by legal persons, firms, etc. (2) a natural person who is a partner in a firm shall be jointly and severally liable for any act or omission of the other partner in the firm in so far as the act or omission relates to the firm. (3) where a data controller or data processor charged with an offence under this act is a legal person, any person who, at the time the offence was committed was a chief executive officer, manager or officer of such legal person, may be charged jointly in the same proceeding with the legal person, if the person was party to the offence committed. 51. a data controller and data processor shall be vicariously liable for any act or omission of an agent, employee or other person authorized by the data controller or data processor to perform any function regulated under this act, in so far as the act or omission relates to an operation of the data controller or data processor. 52.__(1) the Minister may, on the recommendation of the authority, make regulations for the better carrying out of the purposes of this act. (2) without prejudice to the generality of subsection (1), the regulations may make provision for— (a) forms, certificates and registers required under this act; (b) fees payable under this act; (c) the procedure for receiving and handling complaints; (d) the criteria for classifying data controllers of Vicarious liability regulations

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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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