No. 3
Data Protection
before processing the personal data of the data subject.
11
(2) where a data controller seeks consent from a data subject on
several matters in the form of a written declaration, each matter on
which consent is sought shall be presented in a clearly
distinguishable manner.
(3) a data subject may, at any time, withdraw consent given to a
data controller and the withdrawal of the consent shall, where
practicable, be in the same manner the consent was provided.
(4) where a data subject withdraws consent in accordance with
subsection (3), the withdrawal shall not affect the legality of the data
processing that occurred before the withdrawal of the consent.
(5) where a question arises on whether consent was freely
provided, consideration shall be taken of whether the performance
of a contract between the data controller and the data subject or the
delivery of a good or a service by the data controller to the data
subject is conditional on provision of the consent.
15.__(1) a data controller who collects personal data from a data
subject shall, at the time of collecting the data, provide the
following information to the data subject—
(a) the identity and contact details of the data controller or
representative of the data controller;
Provision of
information
to a data
subject
(b) the legal basis for processing the personal data;
(c) the purpose for processing the personal data;
(d) where possible, the storage period for the personal data;
(e) the existence of automated decision-making, including
profiling;
(f) the rights of the data subject provided under Part IV;
(g) the right to lodge a complaint with the authority under
section 44; and
(h) whether the data controller intends to transfer the personal
data to a place outside Malawi.
(2) where a data controller obtains personal data of a data subject
from a person other than the data subject, in accordance with any of
the grounds under section 8(2)(b), the data controller shall, within
fourteen days of obtaining the personal data, provide the
information specified in subsection (1) to the data subject.
16.__(1) a data controller and data processor shall not process
sensitive personal data of a data subject unless—
Processing of
sensitive
personal data