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16 Derogations adherence to data protection principles technical and organizational measures record of personal data processing activities Data Protection No. 3 (b) authorized by a written law which has suitable measures to safeguard the rights and interests of the data subject; or (c) based on the consent of the data subject. (3) where an exception under subsection (2) applies, a data controller shall implement the appropriate measures to safeguard the rights and interests of the data subject. 26.__the rights of a data subject provided under this Part may be restricted where the processing of the personal data of the data subject is for the purpose of— (a) national security, including safeguarding against and the prevention of a threat to national security; (b) the prevention, investigation, detection or prosecution of a criminal offence or the execution of a criminal penalty; (c) pursuing a national economic or financial interest, including a monetary, budgetary and taxation matter; (d) public health; (e) social security; (f) judicial proceedings; (g) the prevention, investigation, detection and prosecution of a breach of ethics for a regulated profession; (h) monitoring, inspection or exercise of a regulatory function by a public authority; (i) protecting the data subject or the rights and freedoms of another natural person; or (j) the enforcement of a civil law claim. Part V—DutIes OF a Data cOntrOLLer anD Data PrOcessOr 27. a data controller and data processor shall adhere to the principles relating to processing of personal data prescribed under Part III. 28. a data controller and data processor shall develop and implement appropriate technical and organizational measures to ensure that the processing of personal data complies with the provisions of this act. 29.__(1) a data controller and data processor shall maintain, in writing, a record of each personal data processing activity. (2) the record referred to in subsection (1) shall contain—

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The Data Protection Act 2024.

Law

Status of Law: Final/Active/Current

Country

Malawi

Country Location

Latitude: -13.235028216585723

Longitude: 33.91714876714785

Country Location (Lié Law): Malawi

Keywords

Privacy
Privacy, Data Protection and Retention

Adoption Date: 2 févr. 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 mai 2024

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

Documents principaux

Data Protection Act 2024.pdf
English
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CYRILLA: Global Digital Rights Law

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The Data Protection Act 2024.

Documents principaux

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