4
Data Protection
No. 3
measurement, facial image, blood type, fingerprint, retinal scan,
voice recognition and deoxyribonucleic acid analysis;
“certification mechanism” means certification of personal data
protection policies and procedures in accordance with
internationally recognized standards, by an official authority or
professional third-party entity;
“child” means a person below the age of eighteen years;
“consent” means specific, informed and unambiguous
agreement or approval by a natural person, given freely, in
writing, orally or by any affirmative action, to a data controller or
data processor to process personal data relating to that person or
to another natural person on whose behalf the person has the
authority to provide the consent;
“data controller” means a natural or legal person who, alone or
jointly with another natural or legal person, determines the
purpose and means of processing personal data;
“data controller of significant importance” means a data
controller who__
(a) is domiciled, ordinarily resident, or ordinarily operates in
Malawi and processes or intends to process personal data of
more than ten thousand data subjects who are resident in
Malawi; or
(b) processes or intends to process personal data of
significance to the economy, society or security of Malawi;
“data processor” means a natural or legal person who processes
personal data on behalf of a data controller;
“data processor of significant importance” means a data
processor who__
(a) is domiciled, ordinarily resident, or ordinarily operates in
Malawi and processes or intends to process personal data of
more than ten thousand data subjects who are resident in
Malawi; or
(b) processes or intends to process personal data of
significance to the economy, society or security of Malawi;
“data protection officer” means a person designated as such
pursuant to section 33;
“data subject” means a natural person to whom particular
personal data relates;